Common use of COMPANY INFORMATION AND PROPERTY Clause in Contracts

COMPANY INFORMATION AND PROPERTY. Employee shall not, at any time after his employment terminates: (i) disclose, use, or aid third parties in obtaining or using any confidential or proprietary Company information or (ii) access or attempt to access Company computer systems or networks or any resources or data that reside thereon. Confidential or proprietary Company information is information relating to the Company, the Company’s parents, subsidiaries, or affiliates, or any aspect of their business that is not generally available to the public, their competitors, or other third parties or ascertainable through common sense or general business or technical knowledge. Nothing in this Agreement shall relieve Employee from any confidentiality, proprietary information, secrecy, non-compete, non-disclosure, non-solicitation, or invention rights and assignment obligations under any previously executed agreements. All records, files, or other materials maintained by or under the control, custody, or possession of the Company or its agents in their capacity as such shall be and remain the Company’s property. Before the Termination Date, Employee shall: (i) return all Company property (including, but not limited to, credit cards; keys; company cars; cell phones; air cards; access cards; thumb drives, laptops, hand-held devices, smart phones, and other computer hardware and software; records; files; documents; company manuals; and other documents in whatever form they exist, whether electronic, hard copy, or otherwise, including all copies, notes, or summaries thereof) that he created, received, or otherwise obtained in connection with his employment; (ii) permanently delete any Company information that may reside on his personal (i.e., not company-owned) computers or electronic devices; and (iii) fully cooperate with the Company in winding up his work and transferring that work to those individuals designated by the Company.

Appears in 1 contract

Samples: Severance Agreement and General Release (Oxygen Biotherapeutics, Inc.)

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COMPANY INFORMATION AND PROPERTY. Employee Xxxxxxx shall not, not at any time after his employment terminates: (i) terminates disclose, use, use or aid third parties in obtaining or using any confidential or proprietary Company information or (ii) nor access or attempt to access any Company computer systems or systems, networks or any resources or data that reside resides thereon, except as may be required to perform consulting services upon request by the Company and, only then, as authorized by the Company. Confidential or proprietary Company information is information relating to the Company, the Company’s parents, subsidiaries, or affiliates, Company or any aspect of their its business that which is not generally available to the public, their the Company’s competitors, or other third parties parties, or ascertainable through common sense or general business or technical knowledge. Nothing in this Agreement shall relieve Employee him from any confidentiality, proprietary information, secrecy, non-compete, non-disclosure, non-solicitation, or invention rights and assignment obligations under any previously executed confidentiality, proprietary information or secrecy agreements. All records, files, files or other materials maintained by or under the control, custody, custody or possession of the Company or its agents in their capacity as such shall be and remain the Company’s property. Before the Termination DateBy signing this Agreement, Employee shallXxxxxxx represents that he: (i) return has returned all Company property (including, but not limited to, credit cards; keys; company cars; cell phonescellular telephone; air cardscard; access cards; thumb drivesdrive(s), laptopslaptop(s), hand-held devices, smart phones, personal digital devices and all other computer hardware and software; records; , files; , documents; company , manuals; , and other documents in whatever form they exist, whether electronic, hard copy, copy or otherwise, including otherwise and all copies, notes, notes or summaries thereof) that and turned over all Company passwords or access codes which he created, received, received or otherwise obtained in connection with his employment; (ii) has not deleted any emails, files or other information from any Company computer or device prior to his return of the property and has permanently delete deleted any Company information that may reside on his personal computer(s), other devices or accounts; (i.e.iii) has submitted all personal computers, not companyphones and other devices which he used for Company business, and identified all personal accounts on which Company information has been placed and related passwords, to a third party vendor, as may be designated by the Company, for inspection and removal of any Company-owned) computers or electronic devicesrelated information; and (iiiiv) will fully cooperate with the Company in winding up his work and transferring that work to those individuals designated by the Companydesignated.

Appears in 1 contract

Samples: Transition Agreement (Charles & Colvard LTD)

COMPANY INFORMATION AND PROPERTY. Employee MxXxxxxxxx shall not, not at any time after his employment terminates: (i) terminates disclose, use, use or aid third parties in obtaining or using any confidential or proprietary Company information or (ii) nor access or attempt to access any Company computer systems or systems, networks or any resources or data that reside resides thereon, except as may be required to perform consulting services under any then existing consulting agreement between himself and the Company and, only then, as authorized by the Company. Confidential or proprietary Company information is information relating to the Company, the Company’s parents, subsidiaries, or affiliates, Company or any aspect of their its business that which is not generally available to the public, their the Company’s competitors, or other third parties parties, or ascertainable through common sense or general business or technical knowledge. Nothing in this Agreement shall relieve Employee him from any confidentiality, proprietary information, secrecy, non-compete, non-disclosure, non-solicitation, or invention rights and assignment obligations under any previously executed confidentiality, proprietary information or secrecy agreements. All records, files, files or other materials maintained by or under the control, custody, custody or possession of the Company or its agents in their capacity as such shall be and remain the Company’s property. Before By signing this Agreement, MxXxxxxxxx represents that, with the Termination Datesole exception of the property identified on Exhibit A (if any), Employee shallhe: (i) return has returned all Company property (including, but not limited to, credit cards; keys; company cars; cell phonescellular telephone; air cardscard; access cards; thumb drivesdrive(s), laptopslaptop(s), hand-held devices, smart phones, personal digital devices and all other computer hardware and software; records; , files; , documents; company , manuals; , and other documents in whatever form they exist, whether electronic, hard copy, copy or otherwise, including otherwise and all copies, notes, notes or summaries thereof) that and turned over all Company passwords or access codes which he created, received, received or otherwise obtained in connection with his employment; (ii) has not deleted any emails, files or other information from any Company computer or device prior to his return of the property and has permanently delete deleted any Company information that may reside on his personal computer(s), other devices or accounts; (i.e.iii) has submitted all personal computers, not companyphones and other devices which he used for Company business, and identified all personal accounts on which Company information has been placed and related passwords, to a third party vendor, as may be designated by the Company, for inspection and removal of any Company-owned) computers or electronic devicesrelated information; and (iiiiv) will fully cooperate with the Company in winding up his work and transferring that work to those individuals designated by the Companydesignated.

Appears in 1 contract

Samples: Separation of Employment Agreement (Charles & Colvard LTD)

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COMPANY INFORMATION AND PROPERTY. Employee shall not, not at any time after his her employment terminates: (i) terminates disclose, use, use or aid third parties in obtaining or using any confidential or proprietary Company information or (ii) nor access or attempt to access any Company computer systems or systems, networks or any resources or data that reside resides thereon. Confidential or proprietary Company information is information relating to the Company, the Company’s parents, subsidiaries, or affiliates, Company or any aspect of their its business that which is not generally available to the public, their the Company’s competitors, or other third parties parties, or ascertainable through common sense or general business or technical knowledge. Nothing in this Agreement shall relieve Employee her from any confidentiality, proprietary information, secrecy, non-compete, non-disclosure, non-solicitation, or invention rights and assignment obligations under any previously executed confidentiality, proprietary information or secrecy agreements, including but not limited to the Non-Disclosure, Invention and Non-Competition Agreement between Company and Employee, which Employee acknowledges will remain in full force and effect after the Effective Separation Date (with the sole exception of the covenant not to compete obligations set forth in paragraph 7 of that Agreement which the Company will not enforce) and agrees that she will comply with all such provisions of such Agreement in all respects upon separation of employment. All records, files, files or other materials maintained by or under the control, custody, custody or possession of the Company or its agents in their capacity as such shall be and remain the Company’s property. Before the Termination DateBy signing this Agreement, Employee shallrepresents that she: (i) return has returned all Company property (including, but not limited to, security devices; credit cards; keys; company cars; cell phones; air cards; access cards; thumb drives, laptops, hand-held devices, smart phones, personal devices and other computer hardware and software; records; , files; , documents; , company manuals; , and other documents in whatever form they exist, whether electronic, hard copy, copy or otherwise, including otherwise and all copies, notes, notes or summaries thereof) that he which she created, received, received or otherwise obtained in connection with his her employment; (ii) bring all such records, files, and other materials up to date before returning them; (iii) has permanently delete deleted any Company information that may reside on his her personal (i.e.computer(s), not company-owned) computers devices or electronic devicesaccounts; and (iiiiv) fully cooperate in good faith with the Company in winding up his her work and transferring that work to those individuals designated by the Company.

Appears in 1 contract

Samples: Severance Agreement (Pozen Inc /Nc)

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