Common use of Confidentiality and Return of Property Clause in Contracts

Confidentiality and Return of Property. Employee agrees not to disclose any information regarding the underlying facts leading up to or the existence or substance of this Agreement and General Release, except to Employee’s significant other and family, financial planners, , tax advisors, and/or attorneys with whom Employee chooses to consult regarding Employee’s consideration of this Agreement and General Release. Employee will instruct significant other and family, financial planners, tax advisors and/or attorneys that any information regarding the underlying facts leading up to or the existence or substance of this Agreement and General Release is confidential and is not to be divulged to other parties. . However, nothing in this paragraph shall preclude Employee from: (1) communicating or cooperating with any appropriate federal, state or local government agency; or (2) responding to any lawfully-issued subpoena, court order or other compulsory legal process provided that he notify the Employer in writing in advance and cooperate with the Employer as requested to protect Employer’s confidential information. Employee affirms that Employee has returned all of the Employer’s property, documents, and/or any confidential information in Employee’s possession or control. Any such materials and other property of the Employer that the Employee possesses must be returned within seven (7) days of the Employee’s last day of employment to Xx. Xxxx Xxxxx, Vice President, Operations or his designee. Employee also affirms that she is in possession of all of her property that Employee had at the Employer’s premises and that the Employer is not in possession of any of Employee’s property. Immediately upon Employee’s execution of this Agreement, Employee agrees to deliver to the Employer without copying or reproducing: (1) all documents, files, notes, memoranda, manuals, computer files, computer disks, computer databases, computer programs and/or other storage medium within the possession or control of Employee or her agents that reflect any trade secrets, privileged information, confidential information, financial information, personnel/employee information, client information and/or proprietary information regarding releasees and/or releasees’ current, former or prospective customers or business relationships; and (2) all items or other forms of property and/or equipment belonging to releasees and/or to releasees’ current, former or prospective customers or clients within the possession or control of Employee or her agents, including but not limited to keys, credit cards, furniture, electronic equipment, business equipment, home office equipment and lists of current, former or prospective customers. Immediately upon Employee’s execution of this Agreement, Employee agrees to delete any trade secrets, privileged information, confidential information, financial information, personnel/employee information, customer or client information, or proprietary information relating to releasees and/or to releasees’ current, former or prospective customers or clients from any computer hard drive or computer system within the possession or control of Employee or her agents that is not located on the Employer’s premises. Nothing in this paragraph will prevent Employee from retaining any documents in her possession or control concerning the employee benefits and/or compensation she received from the Employer. Employer agrees to reimburse Employee within 14 days of submitting proof of any outstanding business expenses incurred during employment. Employee agrees she will submit a request for reimbursement of any outstanding business expense, with appropriate supporting proof, on or before May 9, 2008.

Confidentiality and Return of Property. Employee agrees not to disclose any non public information regarding the underlying facts leading up to or the existence or substance of this Agreement and General Release, except to Employee’s significant other and family, financial planners, spouse, tax advisorsadvisor, and/or attorneys an attorney with whom Employee chooses to consult regarding Employee’s consideration of this Agreement and General Release. Employee will instruct significant other and family, financial planners, tax advisors and/or attorneys that any information regarding the underlying facts leading up to or the existence or substance of this Agreement and General Release is confidential and is not to be divulged to other parties. . However, nothing in this paragraph agreement shall preclude Employee from: (1) communicating or cooperating with any appropriate federal, state or local government agency; or (2) responding to any lawfully-issued subpoena, court order or other compulsory legal process provided that he notify the Employer in writing in advance and cooperate with the Employer as requested to protect Employer’s confidential information. Employee affirms that Employee has returned all of the Employer’s property, documents, and/or any confidential information in Employee’s possession or controlcontrol which shall include without limitation all documents or data in electronic or paper form containing Confidential Information without making, retaining or furnishing to a third party any copies. Any such materials and other property “Confidential Information” shall mean all information concerning the business of the Employer that the Employee possesses must be returned within seven (7) days Company, including without limitation, information relating to any of the Employee’s last day of employment to Xx. Xxxx Xxxxxtheir products, Vice Presidentproduct development, Operations or his designeetrade secrets, customers, suppliers, finances, business plans, internal communications and strategies. Employee also affirms that she Employee is in possession of all of her Employee’s property that Employee had at the Employer’s premises and that the Employer is not in possession of any of Employee’s property. Immediately upon The Employee acknowledges and agrees that all provisions of the Disclosure Agreement Employee entered into on June 1, 1993 between Employee and Employer and the Employee Invention and Secrecy Agreement Employee entered into on June 14, 1993, (together, the “Confidentiality Agreements”) survive the termination of Employee’s execution of employment with Employer and remain in full force and effect pursuant to their terms, subject to any contrary terms in this AgreementAgreement and Release which shall govern. In addition to the obligations imposed by the Confidentiality Agreements, Employee hereby acknowledges and agrees not to deliver use any Confidential Information disclosed to him regarding Employer for any purpose other than in furtherance of Employer’s business, nor to reveal any Confidential Information to any third party unless otherwise agreed to in writing by Employer, nor to reveal the fact that such Confidential Information has been disclosed to the Employer without copying or reproducing: (1) all documents, files, notes, memoranda, manuals, computer files, computer disks, computer databases, computer programs and/or other storage medium within the possession or control of Employee or her agents that reflect any trade secrets, privileged information, confidential information, financial information, personnel/employee information, client information and/or proprietary information regarding releasees and/or releasees’ current, former or prospective customers or business relationships; and (2) all items or other forms of property and/or equipment belonging to releasees and/or to releasees’ current, former or prospective customers or clients within the possession or control of Employee or her agents, including but not limited to keys, credit cards, furniture, electronic equipment, business equipment, home office equipment and lists of current, former or prospective customersEmployee. Immediately upon Employee’s execution of this Agreement, Employee agrees that he has acquired no rights to delete any trade secrets, privileged information, confidential information, financial information, personnel/employee information, customer or client information, or proprietary information relating use of Confidential Information disclosed to releasees and/or him regarding Employer and that Employee shall maintain in complete confidence all Confidential Information disclosed to releasees’ current, former or prospective customers or clients from any computer hard drive or computer system within the possession or control of Employee or her agents that is not located on the Employer’s premises. Nothing him in this paragraph will prevent Employee from retaining any documents in her possession or control concerning the employee benefits and/or compensation she received from the Employer. Employer agrees to reimburse Employee within 14 days of submitting proof of any outstanding business expenses incurred during connection with his employment. Employee agrees she will submit a request for reimbursement of represents and warrants that he has not used Confidential Information or disclosed it to any outstanding business expense, with appropriate supporting proof, on or before May 9, 2008third party.

Confidentiality and Return of Property. Employee agrees not to disclose any information regarding the underlying facts leading up to or the existence or substance of this Agreement and General Release, except to Employee’s significant other and family, financial planners, spouse, tax advisorsadvisor, and/or attorneys an attorney with whom Employee chooses to consult regarding Employee’s consideration of this Agreement and General Release. Employee will instruct significant other and family, financial planners, tax advisors and/or attorneys that any information regarding the underlying facts leading up to or the existence or substance of this Agreement and General Release is confidential and is not to be divulged to other parties. . However, nothing in this paragraph agreement shall preclude Employee from: (1) communicating or cooperating with any appropriate federal, state or local government agency; or (2) responding to any lawfully-issued subpoena, court order or other compulsory legal process provided that he notify the Employer in writing in advance and cooperate with the Employer as requested to protect Employer’s confidential information. Employee affirms that Employee has returned all of the Employer’s property, documents, and/or any confidential information in Employee’s possession or controlcontrol which shall include without limitation all documents or data in electronic or paper form containing Confidential Information without making, retaining or furnishing to a third party any copies. Any such materials and other property “Confidential Information” shall mean all information concerning the business of the Employer that the Employee possesses must be returned within seven (7) days Company, including without limitation, information relating to any of the Employee’s last day of employment to Xx. Xxxx Xxxxxtheir products, Vice Presidentproduct development, Operations or his designeetrade secrets, customers, suppliers, finances, business plans, internal communications and strategies. Employee also affirms that she Employee is in possession of all of her Employee’s property that Employee had at the Employer’s premises and that the Employer is not in possession of any of Employee’s property. Immediately upon The Employee acknowledges and agrees that all provisions of the Confidentiality Agreement Employee entered into on April 20, 1998 between Employee and Employer, survive the termination of Employee’s execution of employment with Employer and remain in full force and effect pursuant to their terms, subject to any contrary terms in this Agreement and Release which shall govern. In addition to the obligations imposed by the Confidentiality Agreement, Employee hereby acknowledges and agrees not to deliver use any Confidential Information (as defined below) disclosed to him regarding Employer for any purpose other than in furtherance of Employer’s business, nor to reveal any Confidential Information to any third party unless otherwise agreed to in writing by Employer, nor to reveal the fact that such Confidential Information has been disclosed to the Employer without copying or reproducing: (1) all documents, files, notes, memoranda, manuals, computer files, computer disks, computer databases, computer programs and/or other storage medium within the possession or control of Employee or her agents that reflect any trade secrets, privileged information, confidential information, financial information, personnel/employee information, client information and/or proprietary information regarding releasees and/or releasees’ current, former or prospective customers or business relationships; and (2) all items or other forms of property and/or equipment belonging to releasees and/or to releasees’ current, former or prospective customers or clients within the possession or control of Employee or her agents, including but not limited to keys, credit cards, furniture, electronic equipment, business equipment, home office equipment and lists of current, former or prospective customersEmployee. Immediately upon Employee’s execution of this Agreement, Employee agrees that he has acquired no rights to delete any trade secrets, privileged information, confidential information, financial information, personnel/employee information, customer or client information, or proprietary information relating use of Confidential Information disclosed to releasees and/or him regarding Employer and that Employee shall maintain in complete confidence all Confidential Information disclosed to releasees’ current, former or prospective customers or clients from any computer hard drive or computer system within the possession or control of Employee or her agents that is not located on the Employer’s premises. Nothing him in this paragraph will prevent Employee from retaining any documents in her possession or control concerning the employee benefits and/or compensation she received from the Employer. Employer agrees to reimburse Employee within 14 days of submitting proof of any outstanding business expenses incurred during connection with his employment. Employee agrees she will submit a request for reimbursement of represents and warrants that he has not used Confidential Information or disclosed it to any outstanding business expense, with appropriate supporting proof, on or before May 9, 2008third party.

Confidentiality and Return of Property. Employee agrees not to disclose any information regarding the underlying facts leading up to or the existence or substance of this Separation Agreement and General Releaseuntil this Agreement is publicly disclosed by the Corporation, except to Employee’s significant other and family, financial planners, spouse, tax advisorsadvisor, and/or attorneys an attorney with whom Employee chooses to consult regarding Employee’s consideration of this Agreement and General ReleaseSeparation Agreement. Employee will instruct significant shall not at any time after Employee’s employment terminates disclose, use or aid third parties in obtaining or using any confidential or proprietary company information or such information of its parents, subsidiaries or affiliates. Confidential or proprietary information is information relating to The Pantry, its parent, subsidiaries or affiliates or any aspect of its business which is not generally available to the public, the company’s competitors, or other and familythird parties, financial planners, tax advisors and/or attorneys that any information regarding the underlying facts leading up to or the existence ascertainable through common sense or substance of general business or technical knowledge. Nothing in this Agreement and General Release is confidential and is not to be divulged to other parties. . Howevershall relieve Employee from any obligations under any previously executed confidentiality, nothing in this paragraph shall preclude Employee from: (1) communicating proprietary information or cooperating with any appropriate federal, state or local government agency; or (2) responding to any lawfully-issued subpoena, court order or other compulsory legal process provided that he notify the Employer in writing in advance and cooperate with the Employer as requested to protect Employer’s confidential informationsecrecy agreements. Employee affirms that Employee has returned all of the Employer’s The Pantry's property, documents, and/or any confidential information in Employee’s possession or control. Any All records, files or other materials maintained by or under the control, custody or possession of The Pantry or its agents in their capacity as such materials shall be and remain The Pantry’s property. Employee shall: (i) return all company property (including, but not limited to, credit cards; keys; company car; cell phones; computer hardware and software; records, files, documents, company manuals, and other property of the Employer that the documents in whatever form they exist, whether electronic, hard copy or otherwise and all copies, notes or summaries thereof) which Employee possesses must be returned within seven (7) days of the received in connection with Employee’s last day of employment employment; (ii) bring all such records, files, and other materials up to Xx. Xxxx Xxxxx, Vice President, Operations or his designeedate before returning them; and (iii) fully cooperate with The Pantry in winding up Employee’s work and transferring that work to those individuals designated by the company. Employee also affirms that she Employee is in possession of all of her Employee’s property that Employee had at the EmployerThe Pantry’s premises and that the Employer The Pantry is not in possession of any of Employee’s property. Immediately upon Employee’s execution of this Agreement, Employee agrees to deliver to the Employer without copying or reproducing: (1) all documents, files, notes, memoranda, manuals, computer files, computer disks, computer databases, computer programs and/or other storage medium within the possession or control of Employee or her agents that reflect any trade secrets, privileged information, confidential information, financial information, personnel/employee information, client information and/or proprietary information regarding releasees and/or releasees’ current, former or prospective customers or business relationships; and (2) all items or other forms of property and/or equipment belonging to releasees and/or to releasees’ current, former or prospective customers or clients within the possession or control of Employee or her agents, including but not limited to keys, credit cards, furniture, electronic equipment, business equipment, home office equipment and lists of current, former or prospective customers. Immediately upon Employee’s execution of this Agreement, Employee agrees to delete any trade secrets, privileged information, confidential information, financial information, personnel/employee information, customer or client information, or proprietary information relating to releasees and/or to releasees’ current, former or prospective customers or clients from any computer hard drive or computer system within the possession or control of Employee or her agents that is not located on the Employer’s premises. Nothing in this paragraph will prevent Employee from retaining any documents in her possession or control concerning the employee benefits and/or compensation she received from the Employer. Employer agrees to reimburse Employee within 14 days of submitting proof of any outstanding business expenses incurred during employment. Employee agrees she will submit a request for reimbursement of any outstanding business expense, with appropriate supporting proof, on or before May 9, 2008.