Trade Secrets Defined. For purposes of this Agreement, "Trade Secrets" means information, without regard to form, including, but not limited to, (i) technical or nontechnical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans relating to or reflected in SynQuest's computer software products, or (ii) a list of actual or potential customers or suppliers of SynQuest that: (A) derive economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use; and (B) are the subject of efforts that are reasonable under the circumstances to maintain their secrecy. The term "Trade Secret" will not include any information which constitutes Confidential Information (as defined below in Section 10.4). Trade Secrets do not include information that Executive can show by competent proof (i) was known to Executive prior to disclosure by SynQuest; (ii) was generally known to the public at the time SynQuest disclosed the information to Executive; (iii) became generally known to the public after disclosure to Executive by the SynQuest through no act or omission of Executive; or (iv) was disclosed to Executive by a third party having a bona fide right both to possess the information and to disclose the information to Executive.
Trade Secrets Defined. The term "Trade Secrets," as used in this Agreement, includes, without limitation, (i) all information concerning billing practices and procedures of the Company, (ii) the rates and amounts that the Company pays to its personnel, (iii) information about the Company's contracts with insurers, health maintenance organizations, employers, and other payors, (iv) all formulae, compilations, programs, devices, lists, methods, techniques or processes of the Company, and (v) all other information of the Company that would be deemed to be "trade secrets" within the meaning of the Maryland Uniform Trade Secrets Act (the "Act").
Trade Secrets Defined. For purposes of this Agreement, a "Trade Secret" is any information, including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans, or lists of actual or potential customers or suppliers that: (1) derive economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use; and (2) are the subject of efforts that are reasonable under the circumstances to maintain their secrecy.
Trade Secrets Defined. As used in this Agreement, the term “Trade Secrets” shall mean all secret, proprietary or confidential information regarding SunTrust or its activities that fits within the definition of “trade secrets” under the Georgia Trade Secrets Act. Nothing in this Agreement is intended, or shall be construed, to limit the protections of the Georgia Trade Secrets Act or any other applicable law protecting trade secrets or other confidential information. “Trade Secrets” shall not include information that has become generally available to the public by the act of one who has the right to disclose such information without violating any right or privilege of SunTrust. This definition shall not limit any definition of “trade secrets” or any equivalent term under the Georgia Trade Secrets Act or any other state, local or federal law.
Trade Secrets Defined. The term “Trade Secrets,” as used in this Agreement, includes, without limitation, (i) all information concerning the Company and all aspects of the Business, including costs, revenues, profits, pricing, customer information, product information, supply sources, marketing, prospective and executed contracts, budgets and business plans, (ii) all information which is unique to the Company or to any aspect of the Business which has a significant business purpose and is not known or generally available from sources outside the Company or typical of industry practice, and which would have a material adverse effect on the Company or the Business if disclosed, and (iii) all formulae, innovations, inventions, improvements, compilations, programs, devices, lists, methods, techniques, practices, procedures or processes of the Company and all information relating thereto.
Trade Secrets Defined. “Trade Secrets” means all secret, proprietary or confidential information regarding Futurus, Futurus Bank, the Bank, the Company, and their Affiliated Companies or any of their respective activities, that fits within the definition of “trade secrets” under the Georgia Trade Secrets Act. Without limiting the foregoing or any definition of Trade Secrets, Trade Secrets protected hereunder shall include all source codes and object codes for software and all website design information to the extent that such information fits within the Georgia Trade Secrets Act. Nothing in this Agreement is intended, or shall be construed, to limit the protections or remedies available to Futurus, Futurus Bank, the Company, the Bank or their Affiliated Companies under the Georgia Trade Secrets Act or any other applicable law protecting trade secrets or other confidential information. “Trade Secrets” shall not include information that has become generally available to the public by the act of one who has the right to disclose such information without violating any right or privilege of Futurus, Futurus Bank, the Company, the Bank or their Affiliated Companies, including their rights under the Confidentiality Agreement with Futurus and/or its representatives. This definition shall not limit any definition of “trade secrets” or any equivalent term under the Georgia Trade Secrets Act or any other state, local or federal law.
Trade Secrets Defined. “Trade Secrets” shall include, but not be limited to, information regarding formulas, processes or methods that: (i) derive independent economic value, actual or potential, from not being generally known to or readily ascertainable by proper means, by other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of reasonable efforts by the Company to maintain its secrecy. “Trade Secrets” shall also include all other information or data that qualifies as a trade secret under applicable state law.
Trade Secrets Defined. As used herein, the term "Trade Secret(s)" shall mean any scientific or technical data, information, design, process, procedure, formula, or improvement that is commercially valuable to the other party and not generally known in the industry. Trade Secrets, shall not include: (1) information generally available to the public, (2) information released by the disclosing party to the receiving party without restriction, (3) information independently developed or acquired by the party or its personnel without reliance in any way on other protected information of the other party, or (4) information approved for the use and disclosure by the disclosing party or its personnel without restriction.
Trade Secrets Defined. As used in this Agreement, the term "Trade Secrets" shall mean all secret, proprietary or confidential information regarding Xhibit, its activities, business or customers that fits within the definition of "trade secrets" under the Uniform Trade Secrets Act. "Trade Secrets" shall not include information that has become generally available to the public by the act of one who has the right to disclose such information without violating any right or privilege of Xhibit. This definition shall not limit any definition of "trade secrets" or any equivalent term under the Uniform Trade Secrets Act or any other state, local or federal law.
Trade Secrets Defined. As used in this Agreement, the term "Trade Secrets" shall mean, in addition to any information covered by any definition of "trade secrets" or any equivalent term under state, local or federal law, information, without regard to form, including, but not limited to, technical or non-technical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not commonly known by or available to the public and which information: (A) derives economic value, actual or potential, from not being known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (B) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Such information also shall include, but not be limited to, source codes to programs used and/or sold by Company, object codes to programs used and/or sold by Company, Company software, design documentation, product design and documentation, technical information regarding Company products and product development, product formulas, current and future development and expansion or contraction plans of Company, information concerning the legal affairs of Company and certain information concerning the financial affairs of Company. "Trade Secrets" shall not include information that has become generally available to the public by the act of one who has the right to disclose such information without violating any right or privilege of Company.
