The Executive covenants and agrees that he will not at any time during the continuance of this Agreement or at any time thereafter # print, publish, divulge or communicate to any person, firm, corporation or other business organization (except in connection with the Executive's employment hereunder) or use for his own account any secret or confidential information relating to the business of the Company (including, without limitation, information relating to any customers, suppliers, employees, products, services, formulae, technology, know-how, trade secrets or the like, financial information or plans) or any secret or confidential information relating to the affairs, dealings, projects and concerns of the Company, both past and planned (“Confidential Information”), which the Executive has received or obtained or may receive or obtain during the course of his employment with the Company (whether or not developed, devised or otherwise created in whole or in part by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information" does not include information which is or becomes generally available to the public other than as a result of disclosure by the Executive or which is generally known in the social media sponsorship industry. The Executive further covenants and agrees that he shall retain the Confidential Information received or obtained during such service in trust for the sole benefit of the Company or its successors and assigns.
TheConfidentiality. Executive covenants and agrees that heat all times during Executive's employment and following the conclusion of Executive's employment, whether voluntary or involuntary, Executive will hold in strictest confidence and not at any time duringdisclose Confidential Information (as defined below) to anyone who is not also an Executive of the continuance of this AgreementCompany or at any time thereafter # print, publish, divulge or communicate to any person, firm, corporationExecutive of the Company who does not also have access to such Confidential Information, without express written authorization of the President of the Company. "Confidential Information" shall mean any trade secrets or Company proprietary information, including but not limited to manufacturing techniques, processes, formulas, customer lists, inventions, experimental developments, research projects, operating methods, cost, pricing, financial data, business plans and proposals, data and information the Company receives in confidence from any other business organization (except in connection with the Executive's employment hereunder)party, or use for his own account any other secret or confidential information relatingmatters of the Company. Additionally, Executive will not use any Confidential Information for Executive's own benefit or to the businessdetriment of the Company (including, without limitation, information relating to any customers, suppliers, employees, products, services, formulae, technology, know-how, trade secretsduring Executive's employment or the like, financial information or plans) or any secret or confidential information relating to the affairs, dealings, projects and concerns of the Company, both past and planned (“Confidential Information”), which thethereafter. Executive has received or obtained or may receive or obtain during the course of hisalso certifies that employment with the Company (whether or not developed, devised or otherwise created in whole or in part by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information" does not includeand will not breach any agreement or duty that Executive has to anyone concerning confidential information which is or becomes generally availablebelonging to the public other than as a result of disclosure by the Executive or which is generally known in the social media sponsorship industry. The Executive further covenants and agrees that he shall retain the Confidential Information received or obtained during such service in trust for the sole benefit of the Company or its successors and assigns.others.
TheDuring Executive’s employment with and at all times after the termination of Executive’s employment with , # Executive covenants and agrees that heto treat as confidential all Confidential Information submitted to Executive or received, compiled, developed, designed, produced, accessed, or otherwise discovered by the Executive from time to time while employed by , and # Executive will not at any time duringdisclose or divulge the continuance of this Agreement or at any time thereafter # print, publish, divulge or communicateConfidential Information to any person, firm, corporationentity, firm or other business organization (except in connection with the Executive's employment hereunder)company whatsoever or use for his own account any secret or confidential information relating to the business of the Company (including, without limitation, information relating to any customers, suppliers, employees, products, services, formulae, technology, know-how, trade secrets or the like, financial information or plans) or any secret or confidential information relating to the affairs, dealings, projects and concerns of the Company, both past and planned (“Confidential Information”), which the Executive has received or obtained or may receive or obtain during the course of his employment with the Company (whether or not developed, devised or otherwise created in whole or in part by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information" does not include information which is or becomes generally available to the public other than as a result of disclosure by the Executive or which is generally known in the social media sponsorship industry. The Executive further covenants and agrees that he shall retain the Confidential Information receivedfor Executive’s own benefit or obtained during such service in trust for the sole benefit of any person, entity, firm or company other than . This restriction will apply throughout the Companyworld; provided, however, that if the restrictions of this Section 11(a) when applied to any specific piece of Confidential Information would prevent Executive from using Executive’s general knowledge or its successors and assigns.skills in competition with or would otherwise substantially restrict the Executive’s ability to fairly compete with , then as to that piece of Confidential Information only, the scope of this restriction will apply only for the Restrictive Period (as defined below).
Non-Disclosure. The Executive covenants and agrees that heExecutive will not at any timetime, either during the continuance of this AgreementTerm or at any time thereafter # print, publish, divulgethereafter, use, disclose or communicatemake accessible to any other person, firm, partnership, corporation or any other entity any Confidential and Proprietary Information (as defined herein), other than to # Executive’s attorney or spouse in confidence, # while employed by the Company, in the business organization (except in connection withand for the Executive's employment hereunder)benefit of the Company, or use for his own account# when required to do so by a court of competent jurisdiction, any secret or confidential information relating togovernment agency having supervisory authority over the business of the Company (including, without limitation, information relating to any customers, suppliers, employees, products, services, formulae, technology, know-how, trade secrets or the like, financial information or plans) or any secret or confidential information relating to the affairs, dealings, projects and concerns of the Company, both past and planned (“Confidential Information”), which the Executive has received or obtained or may receive or obtain during the course of his employment with the Company (whether or not developed, devised or otherwise created in whole or in part by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information" does not include information which is or becomes generally available to the public other than as a result of disclosure by the Executive or which is generally known in the social media sponsorship industry. The Executive further covenants and agrees that he shall retain the Confidential Information received or obtained during such service in trust for the sole benefit of the Company or its successors and assigns.any administrative body or legislative body, including a committee thereof, with jurisdiction.
Confidentiality . The Executive acknowledges that he will be making use of, acquiring, and/or adding to Confidential Information of the Company of a special and unique nature and value. The Executive covenants and agrees that he will notshall keep and maintain such Confidential Information strictly confidential and shall not, anywhere in the world, at any time duringtime, directly or indirectly, for himself, or on behalf of any person, firm, partnership or corporation, or otherwise, except as otherwise directed by the continuance ofCompany, or necessary to perform his obligations under this Agreement or at any time thereafter # print, publish,Agreement, divulge or communicatedisclose for any purpose whatsoever, any Confidential Information that has been obtained by, or disclosed to, him as a result of his relationship with the Company. This Agreement specifically prohibits the Executive from disclosing to any person, firm, partnership or corporation or otherwise, trade secrets or other business organization (except in connection with the Executive's employment hereunder) or use for his own account any secret or confidential informationConfidential Information relating to the business of the Company (including, without limitation,Company. Confidential Information as used herein shall mean any and all information regarding or relating to the business affairs of the Company, including without limitation any customers, suppliers, employees, products, services, formulae, technology, know-how,and all financial, technical, trade secrets or the like, financial information or plans) orsecret, and any secretother proprietary or confidential information relating to the affairs, dealings, projects and concerns of the Company, both past and planned (“Confidential Information”), which the Executive has received(written or obtained or may receive or obtain during the course of his employment with the Company (whether or not developed, devised or otherwise created in whole or in part by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information" doesoral); provided however, Confidential Information shall not include information which is# was or becomes generally available to the public other than as a result of a disclosure by the Executive in violation of this Agreement; # was or which is generally known indeveloped by the social media sponsorship industry. The Executive further covenantsindependently of and agrees that he shall retainwithout reference to any Confidential Information; or # was, is or becomes available to the Confidential Information receivedExecutive on a non-confidential basis from a third party who is not prohibited from transmitting such information by a contractual, legal or obtained during such service in trust for the sole benefit of the Company or its successors and assigns.fiduciary duty.
TheDuring Executives employment with and at all times after the termination of Executives employment with , # Executive covenants and agrees that heto treat as confidential all Confidential Information submitted to Executive or received, compiled, developed, designed, produced, accessed, or otherwise discovered by the Executive from time to time while employed by , and # Executive will not at any time duringdisclose or divulge the continuance of this Agreement or at any time thereafter # print, publish, divulge or communicateConfidential Information to any person, firm, corporationentity, firm or other business organization (except in connection with the Executive's employment hereunder)company whatsoever or use for his own account any secret or confidential information relating to the business of the Company (including, without limitation, information relating to any customers, suppliers, employees, products, services, formulae, technology, know-how, trade secrets or the like, financial information or plans) or any secret or confidential information relating to the affairs, dealings, projects and concerns of the Company, both past and planned (“Confidential Information”), which the Executive has received or obtained or may receive or obtain during the course of his employment with the Company (whether or not developed, devised or otherwise created in whole or in part by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information" does not include information which is or becomes generally available to the public other than as a result of disclosure by the Executive or which is generally known in the social media sponsorship industry. The Executive further covenants and agrees that he shall retain the Confidential Information receivedfor Executives own benefit or obtained during such service in trust for the sole benefit of any person, entity, firm or company other than . This restriction will apply throughout the Companyworld; provided, however, that if the restrictions of this Section 9(b) when applied to any specific piece of Confidential Information would prevent Executive from using his general knowledge or its successorsskills in competition with or would otherwise substantially restrict the Executives ability to fairly compete with , then as to that piece of Confidential Information only, the scope of this restriction will apply only for the Restrictive Period (as defined below) and assigns.only within the Restricted Territory (as defined below).
TheCompany Information. Except as otherwise provided in [Subsection 18(a)(iii)] of this Agreement, the Executive covenants and agrees that he will not at any timeall times during the continuanceterm of this Agreementthe Executive’s employment and thereafter, to hold any Confidential Information of the Company or at any time thereafter # print, publish, divulgeits Related Entities in strictest confidence, and not to use (except for the benefit of the Company to fulfill the Executive’s employment obligations) or communicateto disclose to any person, firm,firm or corporation other than the Company or those designated by it said Confidential Information without the prior authorization of the Company, except as may otherwise be required by law or legal process. The Executive agrees that “Confidential Information” means any proprietary information prepared or maintained in any format, including technical data, trade secrets or know-how in which the Company or Related Entities have an interest, including, but not limited to, business records, contracts, research, product or service plans, products, services, customer lists and customers (including, but not limited to, vendors to the Company or Related Entities on whom the Executive called, with whom the Executive dealt or with whom the Executive became acquainted during the term of the Executive’s employment), pricing data, costs, markets, expansion plans, summaries, marketing and other business strategies, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration or marketing, financial or other business organization (except in connectioninformation obtained by the Executive or disclosed to the Executive by the Company or Related Entities or any other person or entity during the term of the Executive’s employment with the Executive's employment hereunder)Company either directly or use for his own account any secretindirectly electronically, in writing, orally, by drawings, by observation of services, systems or confidential information relating toother aspects of the business of the Company (including, without limitation, information relating to any customers, suppliers, employees, products, services, formulae, technology, know-how, trade secrets or the like, financial informationRelated Entities or plans) or any secret or confidential information relating to the affairs, dealings, projects and concerns of the Company, both past and planned (“otherwise. Confidential Information”), which the Executive has received or obtained or may receive or obtain during the course of his employment with the Company (whether or not developed, devised or otherwise created in whole or in part by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information"Information does not include information which is or becomes generallythat: # was available to the public other than as a resultprior to the time of disclosure bydisclosure, whether through press releases, SEC filings or otherwise; or # otherwise becomes available to the public through no act or omission of the Executive or which is generally known inthrough the social media sponsorship industry. The Executive further covenants and agrees that he shall retain the Confidential Information received or obtained during such service in trust for the sole benefitwrongful act of the Company or its successors and assigns.a third party.
TheDuring Executive’s employment with and at all times after the termination of Executive’s employment with , # Executive covenants and agrees that heto treat as confidential all Confidential Information submitted to Executive or received, compiled, developed, designed, produced, accessed, or otherwise discovered by the Executive from time to time while employed by , and # Executive will not at any time duringdisclose or divulge the continuance of this Agreement or at any time thereafter # print, publish, divulge or communicateConfidential Information to any person, firm, corporationentity, firm or other business organization (except in connection with the Executive's employment hereunder)company whatsoever or use for his own account any secret or confidential information relating to the business of the Company (including, without limitation, information relating to any customers, suppliers, employees, products, services, formulae, technology, know-how, trade secrets or the like, financial information or plans) or any secret or confidential information relating to the affairs, dealings, projects and concerns of the Company, both past and planned (“Confidential Information”), which the Executive has received or obtained or may receive or obtain during the course of his employment with the Company (whether or not developed, devised or otherwise created in whole or in part by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information" does not include information which is or becomes generally available to the public other than as a result of disclosure by the Executive or which is generally known in the social media sponsorship industry. The Executive further covenants and agrees that he shall retain the Confidential Information receivedfor Executive’s own benefit or obtained during such service in trust for the sole benefit of any person, entity, firm or company other than . This restriction will apply throughout the Companyworld; provided, however, that if the restrictions of this Section 11(a) when applied to any specific piece of Confidential Information would prevent Executive from using Executive’s general knowledge or its successors and assigns.skills in competition with or would otherwise substantially restrict the Executive’s ability to fairly compete with , then as to that piece of Confidential Information only, the scope of this restriction will apply only for the Restrictive Period (as defined below).
TheConfidential Information. Executive covenantsacknowledges that the information, observations and data obtained by him while employed by any member of the Company Group concerning the business or affairs of the Company Group or provided to the Company Group by its customers and suppliers, that is not known generally to the public (“Confidential Information”), are the property of the Company Group. Therefore, Executive agrees that during his employment and for a period of two (2) years thereafter he willshall not at any time during the continuance of this Agreement or at any time thereafter # print, publish, divulge or communicatedisclose to any person, firm, corporation or other business organization (except in connection with the Executive's employment hereunder)unauthorized person or use for his own accountpurposes any secret or confidential information relatingConfidential Information without the prior written consent of the Board other than in a good faith effort to promote the businessinterests of the Company (including, without limitation, information relating to any customers, suppliers, employees, products, services, formulae, technology, know-how, trade secrets or the like, financial information or plans) or any secret or confidential information relatingGroup, unless and to the affairs, dealings, projectsextent that the aforementioned matters become generally known to and concerns of the Company, both past and planned (“Confidential Information”), which the Executive has received or obtained or may receive or obtain during the course of his employment with the Company (whether or not developed, devised or otherwise created in whole or in partavailable for use by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information" does not include information which is or becomes generally available to the public other than as a result of disclosure byExecutive’s acts or omissions. With respect to any Confidential Information constituting a trade secret under applicable law, Executive agrees not to use or disclose such information for so long as the item continues to constitute a trade secret (i.e., the two (2) year restriction shall not apply to such information). Executive shall deliver to the Company at the termination of the Employment Period, or which is generally known inat any other time the social media sponsorship industry. The Executive further covenantsCompany may request, all memoranda, notes, plans, records, reports, computer tapes, printouts and agrees that he shall retainsoftware and other documents and data (and copies thereof) relating to the Confidential Information receivedInformation, Work Product (as defined below) or obtained during such service in trust for the sole benefitbusiness of any member of the Company Group which he may then possess or its successorshave under his control. Notwithstanding the foregoing, nothing in this paragraph 6 shall be construed to in any way limit the rights of the Company to protect confidential or proprietary information which constitute trade secrets under applicable trade secret laws. The terms and assigns.conditions of this Agreement shall remain strictly confidential, and Executive hereby agrees not to disclose the terms and conditions hereof to any person or entity, other than immediate family members, legal advisors or personal tax or financial advisors, or prospective future employers solely for the purpose of disclosing the limitations on Executive’s conduct imposed by the provisions of this paragraph 6 who, in each case, shall be instructed by Executive to keep such information confidential.
TheAccordingly, during the Term, and after the termination of the Executive’s employment for any reason, the Executive covenants and agrees that he will not at any time during the continuance of this Agreementnot, directly or at any time thereafter # print, publish, divulgeindirectly, disclose or communicate to any person, firm, corporationperson or other business organization (except in connection with the Executive's employment hereunder)entity or otherwise use for his own account any secret or confidential information relating to the businessConfidential Information of the Company (including, without limitation, information relating to(“Non-Disclosure Covenant”) for any customers, suppliers, employees, products, services, formulae, technology, know-how, trade secrets or the like, financial information or plans) or any secret or confidential information relating to the affairs, dealings, projects and concerns of the Company, both past and planned (“Confidential Information”), which the Executive has received or obtained or may receive or obtain during the course of his employment with the Company (whether or not developed, devised or otherwise created in whole or in part by the efforts of the Executive), or # take with him, upon termination of his employment hereunder, any information in paper or document form or on any computer-readable media relating to the foregoing. The term "Confidential Information" does not include information which is or becomes generally available to the publicpurpose other than as a result of disclosure by the Executive or which is generally known in the social media sponsorship industry. The Executive further covenants and agrees that he shall retain the Confidential Information received or obtained during such service in trust for the soledirect benefit of the Company. Upon termination of the Executive’s employment, he shall promptly return to the Company or its successorsall documents, records, notebooks, manuals, disks, software, hardware and assigns.other information of the Company.
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