Common use of Use and Return of Documents Clause in Contracts

Use and Return of Documents. All documents, records, and files, in any media of whatever kind and description, relating to the business, present or otherwise, of the Company, and any copies (including, without limitation, electronic), in whole or in part, thereof (the “Documents” and each individually, a “Document”), whether or not prepared by the Award Recipient, shall be the sole and exclusive property of the Company. Except as required for the proper performance of the Award Recipient’s regular duties for the Company or as expressly authorized in writing in advance by the Company, the Award Recipient will not copy any Documents or remove any Documents or copies or derivatives thereof from the premises of the Company. The Award Recipient will safeguard, and return to the Company immediately upon termination of the Award Recipient’s relationship with the Company, and at such other times as may be specified by the Company, all Documents and other property of the Company, and all documents, records and files of its customers, subcontractors, vendors, and suppliers (“Third-Party Documents” and each individually a “Third-Party Document”), as well as all other property of such customers, subcontractors, vendors and suppliers, then in the Award Recipient’s possession or control. Provided, however, if a Document or Third-Party Document is on electronic media, the Award Recipient may, in lieu of surrender of the Document or Third-Party Document, provide a copy on electronic media to the Company and delete and overwrite all other electronic media copies thereof. Upon request of any duly authorized officer of the Company, the Award Recipient will disclose all passwords necessary or desirable to enable the Company to obtain access to the Documents and Third-Party Documents. Notwithstanding any provision of this Section 2.2 to the contrary, the Award Recipient shall be permitted to retain copies of all Documents evidencing his or her hire, equity, compensation rate and benefits, this Appendix I, and any other agreements between the Award Recipient and the Company that the Award Recipient has signed or electronically accepted.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Avaya Holdings Corp.), Nonstatutory Stock Option Award Agreement (Avaya Holdings Corp.)

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Use and Return of Documents. All documents, records, records and files, in any media of whatever kind and description, relating to the business, present or otherwise, of the Company, Company and any copies (including, including without limitation, limitation electronic), in whole or in part, thereof (the “Documents” and each individually, a “Document”), whether or not prepared by the Award Recipient, shall be the sole and exclusive property of the Company. Except as required for the proper performance of the Award Recipient’s regular duties for the Company or as expressly authorized in writing in advance by the Company, the Award Recipient will not copy any Documents or remove any Documents or copies or derivatives thereof from the premises of the Company. The Award Recipient will safeguard, and return to the Company immediately upon termination of the Award Recipient’s relationship with the CompanyEmployment, and at such other times as may be specified by the Company, all Documents and other property of the Company, and all documents, records and files of its customers, subcontractors, vendors, vendors and suppliers (“Third-Party Documents” and each individually a “Third-Party Document”), as well as all other property of such customers, subcontractors, vendors and suppliers, then in the Award Recipient’s possession or control. Provided, however, if a Document or Third-Party Document is on electronic media, the Award Recipient may, in lieu of surrender of the Document or Third-Party Document, provide a copy on electronic media (e.g., a properly formatted diskette) to the Company and delete and overwrite all other electronic media copies thereof. Upon request of any duly authorized officer of the Company, the Award Recipient will disclose all passwords necessary or desirable to enable the Company to obtain access to the Documents and Third-Party Documents. Notwithstanding any provision of this Section 2.2 to the contrary, the Award Recipient shall be permitted to retain copies of all Documents evidencing his or her hire, equity, equity and other compensation rate and benefits, this Appendix I, and any other agreements between the Award Recipient and the Company that the Award Recipient has signed or electronically acceptedsigned.

Appears in 2 contracts

Samples: Nonstatutory Stock Option Award Agreement (Avaya Inc), Restricted Stock Unit Award Agreement (Avaya Inc)

Use and Return of Documents. All documents, records, records and files, in any media of whatever kind and description, relating to the business, present or otherwise, of the Company, Company and any copies (including, including without limitation, limitation electronic), in whole or in part, thereof (the “Documents” and each individually, a “Document”), whether or not prepared by the Award RecipientExecutive, shall be the sole and exclusive property of the Company. Except as required for the proper performance of the Award RecipientExecutive’s regular duties for the Company or as expressly authorized in writing in advance by the Company, the Award Recipient Executive will not copy any Documents or remove any Documents or copies or derivatives thereof from the premises of the Company. The Award Recipient Executive will safeguard, and return to the Company immediately upon termination of the Award Recipient’s relationship with the Companyemployment, and at such other times as may be specified by the Company, all Documents and other property of the Company, and all documents, records and files of its customers, subcontractors, vendors, vendors and suppliers (“Third-Party Documents” and each individually a “Third-Party Document”), as well as all other property of such customers, subcontractors, vendors and suppliers, then in the Award RecipientExecutive’s possession or control. Provided, however, if a Document or Third-Party Document is on electronic media, the Award Recipient Executive may, in lieu of surrender of the Document or Third-Party Document, provide a copy on electronic media (e.g., a properly formatted diskette) to the Company and delete and overwrite all other electronic media copies thereof. Upon request of any duly authorized officer of the Company, the Award Recipient Executive will disclose all passwords necessary or desirable to enable the Company to obtain access to the Documents and Third-Party Documents. Notwithstanding any provision of this Section 2.2 4.1 to the contrary, the Award Recipient Executive shall be permitted to retain copies of all Documents evidencing his or her hire, equity, equity and other compensation rate and benefits, this Appendix I, benefits and any other agreements between the Award Recipient Executive and the Company that the Award Recipient Executive has signed or electronically acceptedsigned.

Appears in 1 contract

Samples: Executive Employment Agreement (Aspect Software Group Holdings Ltd.)

Use and Return of Documents. All documents, records, and files, in any media of whatever kind and description, relating to the business, present or otherwise, of the Company, and any copies (including, without limitation, electronic), in whole or in part, thereof (the “Documents” and each individually, a “Document”), whether or not prepared by the Award RecipientParticipant, shall be the sole and exclusive property of the Company, except that this provision shall not apply to documents, records or files that are already in the public domain or generally available to the public through lawful and permissible means, and not because of Participant’s breach of any obligations, fault, or negligence. Except as required for the proper performance of the Award RecipientParticipant’s regular duties for the Company or as expressly authorized in writing in advance by the Company, the Award Recipient Participant will not copy any Documents or remove any Documents or copies or derivatives thereof from the premises of the Company. The Award Recipient Participant will safeguard, and return to the Company immediately upon termination of the Award RecipientParticipant’s relationship with the Company, and at such other times as may be specified by the Company, all Documents and other property of the Company, and all documents, records and files of its customers, subcontractors, vendors, and suppliers (“Third-Party Documents” and each individually a “Third-Party Document”), as well as all other property of such customers, subcontractors, vendors and suppliers, then in the Award RecipientParticipant’s possession or control. Provided, however, if If a Document or Third-Party Document is on electronic media, the Award Recipient mayParticipant must surrender the electronic media, in lieu of surrender of the including any Document or Third-Party Document, provide a Document included thereon and any copies of the same. The Participant shall not delete or otherwise overwrite any hard copy on or electronic media Document or Third Party Document unless expressly directed to do so by the Company and delete and overwrite all other electronic media copies thereofCompany’s General Counsel in writing. Upon request of any duly authorized officer of the Company, the Award Recipient Participant will disclose all passwords necessary or desirable to enable the Company to obtain access to the Documents and Third-Party Documents. Notwithstanding any provision of this Section 2.2 2.4 to the contrary, the Award Recipient Participant shall be permitted to retain copies of all Documents evidencing his or her Participant’s hire, equity, compensation rate and benefits, this Appendix III, and any other agreements between the Award Recipient Participant and the Company that the Award Recipient Participant has signed or electronically accepted.

Appears in 1 contract

Samples: Performance Restricted Stock Unit Award Agreement (Avaya Holdings Corp.)

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Use and Return of Documents. All documents, records, and files, in any media of whatever kind and description, relating to the business, present or otherwise, of the Company, and any copies (including, without limitation, electronic), in whole or in part, thereof (the “Documents” and each individually, a “Document”), whether or not prepared by the Award Recipient, shall be the sole and exclusive property of the Company. Except as required for the proper performance of the Award Recipient’s regular duties for the Company or as expressly authorized in writing in advance by the Company, the Award Recipient will not copy any Documents or remove any Documents or copies or derivatives thereof from the premises of the Company. The Award Recipient will safeguard, and return to the Company immediately upon termination of the Award Recipient’s relationship with the Company, and at such other times as may be specified by the Company, all Documents and other property of the Company, and all documents, records and files of its customers, subcontractors, vendors, and suppliers (“Third-Party Documents” and each individually a “Third-Party Document”), as well as all other property of such customers, subcontractors, vendors and suppliers, then in the Award Recipient’s possession or control. Provided, however, if a Document or Third-Party Document is on electronic media, the Award Recipient may, in lieu of surrender of the Document or Third-Party Document, provide a copy on electronic media to the Company and delete and overwrite all other electronic media copies thereof. Upon request of any duly authorized officer of the Company, the Award Recipient will disclose all passwords necessary or desirable to enable the Company to obtain access to the Documents and Third-Party Documents. Notwithstanding any provision of this Section 2.2 to the contrary, the Award Recipient shall be permitted to retain copies of all Documents evidencing his or her hire, equity, compensation rate and benefits, this Appendix III, and any other agreements between the Award Recipient and the Company that the Award Recipient has signed or electronically accepted.

Appears in 1 contract

Samples: Long Term Cash Award Agreement (Avaya Holdings Corp.)

Use and Return of Documents. All documents, records, records and files, in any media of whatever kind and description, relating to the business, present or otherwise, of the Company, Company and any copies (including, including without limitation, limitation electronic), in whole or in part, thereof (the “Documents” and each individually, a “Document”), whether or not prepared by the Award Recipient, shall be the sole and exclusive property of the Company. Except as required for the proper performance of the Award Recipient’s 's regular duties for the Company or as expressly authorized in writing in advance by the Company, the Award Recipient will not copy any Documents or remove any Documents or copies or derivatives thereof from the premises of the Company. The Award Recipient will safeguard, and return to the Company immediately upon termination of the Award Recipient’s relationship with the Companyemployment, and at such other times as may be specified by the Company, all Documents and other property of the Company, and all documents, records and files of its customers, subcontractors, vendors, vendors and suppliers (“Third-Party Documents” and each individually a “Third-Party Document”), as well as all other property of such customers, subcontractors, vendors and suppliers, then in the Award Recipient’s 's possession or control. Provided, however, if a Document or Third-Party Document is on electronic media, the Award Recipient may, in lieu of surrender of the Document or Third-Party Document, provide a copy on electronic media (e.g., a properly formatted diskette) to the Company and delete and overwrite all other electronic media copies thereof. Upon request of any duly authorized officer of the Company, the Award Recipient will disclose all passwords necessary or desirable to enable the Company to obtain access to the Documents and Third-Party Documents. Notwithstanding any provision of this Section 2.2 to the contrary, the Award Recipient shall be permitted to retain copies of all Documents evidencing his or her hire, equity, equity and other compensation rate and benefits, this Appendix I, and any other agreements between the Award Recipient and the Company that the Award Recipient has signed or electronically acceptedsigned.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Avaya Inc)

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