Confidentiality and Non-Disparagement. In further consideration of the payments and benefits set forth above, which are valid and bargained for, I agree as follows:

Confidentiality and Non-disparagement. Employee agrees to keep the terms and conditions of this Agreement confidential to the extent allowed by law, except Employee may supply a copy to Employee's accountant or other financial advisor solely in connection with preparing Employee's income tax return, and Employee may disclose this Agreement to members of Employee's immediate family and to Employee's attorney on a confidential basis. Employee may also provide a copy of this Agreement to a potential future employer, after receipt of a job offer, to confirm any ongoing obligations owed to Employer under the terms of the Agreement.

I breach the Employee’s Agreement or the confidentiality, non-solicitation, non-competition, non-disparagement or other terms of this Agreement; or

Section # Confidentiality; Non-Competition; Non-Solicitation; Non-Disparagement.

You acknowledge your continuing obligations under any agreements you have signed regarding post-employment duties of confidentiality, protection of trade secrets, inventions assignment, and/or non-solicitation/non-competition. Additionally, you agree that you shall not at any time use, publish, disclose, or authorize anyone else to use, publish, or disclose any Confidential Information belonging or relating to Triumph or any of its parents, subsidiaries, or affiliates. Confidential Information means any and all information, observations and data of any sort (whether or not embodied in a tangible or intangible form) that is not generally known to the public and that is disclosed or otherwise revealed to you, or discovered or otherwise obtained by you or of which you became or become aware, directly or indirectly, at any time during the course of your employment with or service to Triumph. Confidential Information includes, but is not limited to models, drawings, blueprints, memoranda, documents or records of proprietary nature; information relating to research, manufacturing processes, bills of material, finance, accounting, sales, personnel management and operations; and information particularly relating to customer lists, price lists, customer service requirements, costs of providing service and equipment, pricing and equipment maintenance costs. The purpose of this provision is to protect Triumph’s proprietary, confidential, and trade secret information from improper use or disclosure, to the maximum extent permitted by law. Confidential Information does not include information that: # becomes available to the public through no wrongful action of yours; # is received from a third party without restriction and without breach of this Agreement; or # is independently developed by you without use of or reliance on the Company’s Confidential Information.

Mutual Non-Disparagement Agreement. From and after the termination date of employment or service to the Company, neither Grantee nor Company will disparage the other party or any of Grantee’s or Company’s clients, directors, officers, employees, shareholders or business operations.

“Restrictive Agreement” shall mean any agreement between the Company or any Subsidiary and the Optionee that contains non-competition, non-solicitation, non-hire, non-disparagement or confidentiality restrictions applicable to the Optionee.

“Restrictive Agreement” shall mean any agreement between the Company or any Subsidiary and the Optionee that contains non-competition, non-solicitation, non-hire, non-disparagement or confidentiality restrictions applicable to the Optionee.

Confidentiality and Post-Employment Restrictions. The Employee hereby acknowledges his obligations to comply with the confidentiality, assignment of intellectual property, post-employment restrictions and non-disparagement provisions under [Sections 5, 6, 7 and 21] of the Employment Agreement and to maintain and respect the confidentiality of proprietary and confidential information to which he had access during his employment. The Employee previously acknowledged his understanding of these obligations during his employment by his signature of the Employment Agreement.

any Contract concerning confidentiality or non-disparagement;