It is the understanding of both the Company and Executive that Executive shall not divulge to the Company and/or its subsidiaries any confidential information or trade secrets belonging to others, including Executive’s former employers, nor shall the Company and/or its Affiliates seek to elicit from Executive any such information. Consistent with the foregoing, Executive shall not provide to the Company and/or its Affiliates, and the Company and/or its Affiliates shall not request, any documents or copies of documents containing such information.
It is the understanding of both the Company and ExecutiveCFO that ExecutiveCFO shall not divulge to the Company and/or its subsidiaries any confidential information or trade secrets belonging to others, including Executive’CFOs former employers, nor shall the Company and/or its Affiliates seek to elicit from ExecutiveCFO any such information. Consistent with the foregoing, ExecutiveCFO shall not provide to the Company and/or its Affiliates, and the Company and/or its Affiliates shall not request, any documents or copies of documents containing such information.
Disclosure of Confidential Information. The Executive recognizes, acknowledges and agrees that he has had and will continue to have access to secret and confidential information regarding the Company, its subsidiaries and their respective businesses (“Confidential Information”), including but not limited to, its products, methods, formulas, software code, patents, sources of supply, customer dealings, data, know-how, trade secrets and business plans, provided such information is not in or does not hereafter become part of the public domain, or become known to others through no fault of the Executive. The Executive acknowledges that such information is of great value to the Company, is the understandingsole property of boththe Company, and has been and will be acquired by him in confidence. In consideration of the obligations undertaken by the Company herein, the Executive will not, at any time, during or after his employment hereunder, reveal, divulge or make known to any person, any information acquired by the Executive during the course of his employment, which is treated as confidential by the Company, and not otherwise in the public domain. The provisions of this [Section 12] shall survive the termination of the Executive’s employment hereunder. The Executive affirms that Executive shallhe does not divulgepossess and will not rely upon the protected trade secrets or confidential or proprietary information of any prior employer(s) in providing services to the Company and/or its subsidiaries any confidential information or trade secrets belonging to others, including Executive’s former employers, nor shall the Company and/or its Affiliates seek to elicit from Executive any such information. Consistent with the foregoing, Executive shall not provide to the Company and/or its Affiliates, and the Company and/or its Affiliates shall not request, any documents or copies of documents containing such information.subsidiaries.
Restriction on Disclosure and Use of Confidential Information and Trade Secrets. Executive understands and agrees that the understandingConfidential Information and Trade Secrets constitute valuable assets of both the Company and its affiliated entities, and may not be converted to Executive’s own use. Accordingly, Executive hereby agrees that Executive shall not, directly or indirectly, at any time during the Employment Period or at any time following the end of the Employment Period for any reason reveal, divulge, or disclose to any Person not divulge toexpressly authorized by the Company and/any Confidential Information, and Executive shall not, directly or its subsidiariesindirectly, at any confidential informationtime during the Employment Period or trade secrets belonging to others, including Executive’s former employers, nor shallat any time following the Company and/end of the Employment Period for any reason use or its Affiliates seek to elicit from Executivemake use of any such information. ConsistentConfidential Information in connection with any business activity other than that of the foregoing,Company. Throughout the term of this Agreement and at all times after the date that this Agreement terminates for any reason, Executive shall not provide todirectly or indirectly transmit or disclose any Trade Secret of the Company and/or its Affiliates,to any Person, and the Company and/or its Affiliates shall not request,make use of any documentssuch Trade Secret, directly or copiesindirectly, for himself or for others, without the prior written consent of documents containing such information.the Company. The parties acknowledge and agree that this Agreement is not intended to, and does not, alter either the Company’s rights or Executive’s obligations under any state or federal statutory or common law regarding trade secrets and unfair trade practices.
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