Confidential Information. Except as permitted by the Company, Executive will not at any time divulge, furnish or make accessible to anyone or use in any way other than in the ordinary course of the business of the Company or its Affiliates, any confidential, proprietary or secret knowledge or information of the Company or its Affiliates that Executive has acquired or will acquire about the Company or its Affiliates, whether developed by Executive or by others, concerning # any trade secrets, # any confidential, proprietary or secret designs, programs, processes, formulae, plans, devices or material (whether or not patented or patentable) directly or indirectly useful in any aspect of the business of the Company or of its Affiliates, # any customer or supplier lists, # any confidential, proprietary or secret development or research work, # any strategic or other business, marketing or sales plans, # any financial data or plans, or # any other confidential or proprietary information or secret aspects of the business of the Company or of its Affiliates. Executive acknowledges that the above-described knowledge and information constitutes a unique and valuable asset of the Company and represents a substantial investment of

Confidential Information. Except as permitted by the Company, Executive will not at any time divulge, furnish(whether during or make accessible to anyone or use in any wayafter Executive’s employment with the Company other than in the ordinary course of the businessExecutive’s duties) # retain or use for the benefit, purposes or account of Executive or any other person; or # disclose, divulge, reveal, communicate, share, transfer or provide access to any person outside the Company (other than its professional advisers who are bound by confidentiality obligations), any non-public, proprietary or confidential information, including without limitation trade secrets, know-how, research and development, software, databases, inventions, processes, formulae, technology, designs and other intellectual property, information concerning finances, investments, profits, pricing, costs, products, services, vendors, customers, clients, partners, investors, personnel, compensation, recruiting, training, advertising, sales, marketing, promotions, store site selection, new store openings, government and regulatory activities and approvals, concerning the past, current or future business, activities and operations of the Company, its subsidiaries or affiliates and/or any third party that has disclosed or provided any of same to the Company or its Affiliates, any confidential, proprietary or secret knowledge or informationon a confidential basis (“Confidential Information”) without the prior authorization of the Company or its Affiliates that Executive has acquired or will acquire about the Company or its Affiliates, whether developed by Executive or by others, concerning # any trade secrets, # any confidential, proprietary or secret designs, programs, processes, formulae, plans, devices or material (whether or not patented or patentable) directly or indirectly useful in any aspect of the business of the Company or of its Affiliates, # any customer or supplier lists, # any confidential, proprietary or secret development or research work, # any strategic or other business, marketing or sales plans, # any financial data or plans, or # any other confidential or proprietary information or secret aspects of the business of the Company or of its Affiliates. Executive acknowledges that the above-described knowledge and information constitutes a unique and valuable asset of the Company and represents a substantial investment ofCompany.

Company’s Confidential Information. Except as permitted byDuring the Company, Executive will not at any time divulge, furnish or make accessible to anyone or use in any way other than in the ordinary course of the business of theperforming Executive’s duties as a Company or its Affiliates,employee, Executive was exposed to and acquired Company’s Confidential Information. As used herein, “Confidential Information” refers to any confidential, proprietary or secret knowledge orand all information of a confidential, proprietary, or trade secret nature that is maintained in confidence by Company for the Companyprotection of its business. Confidential Information includes, but is not limited to, Company’s information about or its Affiliates that Executive has acquired or will acquire about the Company or its Affiliates, whether developed by Executive or by others, concerningrelated to # any trade secrets,current or planned products, # any confidential, proprietary or secret designs, programs, processes, formulae, plans, devices or material (whether or not patented or patentable) directly or indirectly useful in any aspect of the business of the Company or of its Affiliates, # any customer or supplier lists, # any confidential, proprietary or secretresearch and development or research work,investigations related to prospective products, # any strategicproprietary software and systems, # suppliers or other business,customers, # cost information, profits, sales information, and accounting and unpublished financial information, # business and marketing or sales plans, # any financial data or plans, orplans and methods, and # any other confidentialinformation not generally known to the public that, if misused or proprietary information or secret aspects ofdisclosed to a competitor, could reasonably be expected to adversely affect the business of the Company or of its Affiliates. Executive acknowledges that the above-described knowledge and information constitutes a unique and valuable asset of the Company and represents a substantial investment ofCompany.

Confidential Information. Except as permitted by the Company,The Executive will not at any time divulge, furnishtime, directly or make accessibleindirectly, disclose or divulge any Confidential Information (as hereinafter defined), except as requested in writing by the Company, and except to anyonethe extent required by law, subpoena or use incourt order (but only after the Executive has provided the Company with reasonable notice and opportunity to take action against any waylegally required disclosure). As used herein, “Confidential Information” means all trade secrets and all other than in the ordinary courseinformation of a business, financial, marketing, technical or other nature relating to the business of the Company or its Affiliates, any confidential, proprietary or secret knowledge or information of the Company or its Affiliates that Executive has acquired or will acquire about the Company or its Affiliates, whether developed by Executive or by others, concerning # any trade secrets, # any confidential, proprietary or secret designs, programs, processes, formulae, plans, devices or material (whether or not patented or patentable) directly or indirectly useful in any aspect of the business of the Company or of its Affiliates, #including, without limitation, any customer or suppliervendor lists, # any confidential, proprietary or secret development or research work, # any strategic or otherfinancial statements and projections, know-how, pricing policies, operational methods, methods of doing business, marketing or sales plans, # any financial data or plans, or # any other confidential or proprietary information or secret aspects of thetechnical processes, formulae, designs and design projects, inventions, computer hardware, software programs, business of the Company or of its Affiliates. Executive acknowledges that the above-described knowledgeplans and information constitutes a unique and valuable asset ofprojects pertaining to the Company and represents a substantial investmentincluding any information of others that the Company has agreed to keep confidential; provided, that Confidential Information shall not include any information that has entered or enters the public domain through no fault of the Executive.