Common use of Non-Disclosure; Non-Solicitation Clause in Contracts

Non-Disclosure; Non-Solicitation. During the term of this Agreement and thereafter, Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company or its affiliates, and their respective businesses, which shall not be public knowledge (other than information which becomes public as a result of acts of Executive or his representatives in violation of this Agreement), including, without limitation, customer/ client lists, matters subject to litigation, and technology or financial information of the Company or its subsidiaries, without the prior written consent of the Company. In addition, during the term of this Agreement and for a two (2) year period thereafter, Executive shall not, directly or indirectly, solicit or contact any employee of the Company or any affiliate of the Company, with a view to inducing or encouraging such employee to leave the employ of the Company or its affiliates, for the purpose of being employed by Executive, an employer affiliated with Executive or any competitor of the Company or any affiliate thereof. Executive acknowledges that the provisions of this Article 6 are reasonable and necessary for the protection of the Company and that the Company will be irrevocably damaged if such provisions are not specifically enforced. Accordingly, Executive agrees that, in addition to any other relief to which the Company may be entitled in the form of actual or punitive damages, the Company shall be entitled to seek and obtain injunctive relief from a court of competent jurisdiction (without posting a bond therefor) for the purpose of restraining Executive from any actual or threatened breach of such provisions.

Appears in 5 contracts

Samples: Employment Agreement (Hard Rock Hotel Inc), Employment Agreement (Hard Rock Hotel Inc), Employment Agreement (Hard Rock Hotel Inc)

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Non-Disclosure; Non-Solicitation. During the term of this Agreement and thereafter, Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company or its affiliates, and their respective businesses, which shall not be public knowledge (other than information which becomes public as a result of acts of Executive or his representatives in violation of this Agreement), including, without limitation, customer/ customer/client lists, matters subject to litigation, and technology or financial information of the Company or its subsidiaries, without the prior written consent of the Company. In addition, during the term of this Agreement and for a two (2) year period thereafter, Executive shall not, directly or indirectly, solicit or contact any employee of the Company or any affiliate of the Company, with a view to inducing or encouraging such employee to leave the employ of the Company or its affiliates, for the purpose of being employed by Executive, an employer affiliated with Executive or any competitor of the Company or any affiliate thereof. Executive acknowledges that the provisions of this Article 6 are reasonable and necessary for the protection of the Company and that the Company will be irrevocably damaged if such provisions are not specifically enforced. Accordingly, Executive agrees that, in addition to any other relief to which the Company may be entitled in the form of actual or punitive damages, the Company shall be entitled to seek and obtain injunctive relief from a court of competent jurisdiction (without posting a bond therefor) for the purpose of restraining Executive from any actual or threatened breach of such provisions.

Appears in 2 contracts

Samples: Employment Agreement (Hard Rock Hotel Inc), Employment Agreement (Hard Rock Hotel Inc)

Non-Disclosure; Non-Solicitation. During the term of this Agreement and thereafter, Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company or its affiliates, and their respective businesses, which shall not be public knowledge (other than information which becomes public as a result of acts of Executive or his representatives in violation of this Agreement), including, without limitation, customer/ customer/client lists, matters subject to litigation, and technology or financial information of the Company or its subsidiaries, without the prior written consent of the Company. In addition, during the term of this Agreement and for a two (2) year period thereafter, Executive shall not, directly or indirectly, solicit or contact any employee of the Company or any affiliate of the Company, with a view to inducing or encouraging such employee to leave the employ of the Company or its affiliates, for the purpose of being employed by Executive, an employer affiliated with Executive or any competitor of the Company or any affiliate thereofhereof. Executive acknowledges that the provisions of this Article Paragraph 6 are reasonable and necessary for the protection of the Company and that the Company will be irrevocably damaged if such provisions are not specifically enforced. Accordingly, Executive agrees agree that, in addition to any other relief to which the Company may be entitled in the form of actual or punitive damages, the Company shall be entitled to seek and obtain injunctive relief from a court of competent jurisdiction (without posting a bond therefor) for the purpose of restraining Executive from any actual or threatened breach of such provisions.

Appears in 1 contract

Samples: Employment Agreement (Hard Rock Hotel Inc)

Non-Disclosure; Non-Solicitation. During the term of this Agreement and thereafter, Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company or its affiliates, and their respective businesses, which shall not be public knowledge (other than information which becomes public as a result of acts of Executive or his representatives in violation of this Agreement), including, without limitation, customer/ client lists, matters subject to litigation, and technology or financial information of the Company or its subsidiaries, without the prior written consent of the Company. In addition, during the term of this Agreement and for a two one (21) year period thereafter, Executive shall not, directly or indirectly, solicit or contact any employee of the Company or any affiliate of the Company, with a view to inducing or encouraging such employee to leave the employ of the Company or its affiliates, for the purpose of being employed by Executive, an employer affiliated with Executive or any competitor of the Company or any affiliate thereof. Executive acknowledges that the provisions of this Article 6 are reasonable and necessary for the protection of the Company and that the Company will be irrevocably damaged if such provisions are not specifically enforced. Accordingly, Executive agrees that, in addition to any other relief to which the Company may be entitled in the form of actual or punitive damages, the Company shall be entitled to seek and obtain injunctive relief from a court of competent jurisdiction (without posting a bond therefor) for the purpose of restraining Executive from any actual or threatened breach of such provisions.

Appears in 1 contract

Samples: Employment Agreement (Hard Rock Hotel Inc)

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Non-Disclosure; Non-Solicitation. During the term of this Agreement and thereafter, Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company or its affiliates, and their respective businesses, which shall not be public knowledge (other than information which becomes public as a result of acts of Executive or his representatives in violation of this Agreement), including, without limitation, customer/ client lists, matters subject to litigation, and technology or financial information of the Company or its subsidiaries, without the prior written consent of the Company. In addition, during the term of this Agreement and for a two (2) year period thereafter, Executive shall not, directly or indirectly, solicit or contact any employee of the Company or any affiliate of the Company, with a view to inducing or encouraging such employee to leave the employ of the Company or its affiliates, for the purpose of being employed by Executive, an employer affiliated with Executive or any competitor of the Company or any affiliate thereof. Executive acknowledges that the provisions of this Article 6 are reasonable and necessary for the protection of the Company and that the Company will be irrevocably damaged if such provisions are not specifically enforced. Accordingly, Executive agrees that, in addition to any other relief to which the Company may be entitled in the form of actual or punitive damagesactual, the Company shall be entitled to seek and obtain injunctive relief from a court of competent jurisdiction (without posting a bond therefor) for the purpose of restraining Executive from any actual or threatened breach of such provisions.

Appears in 1 contract

Samples: Employment Agreement (Hard Rock Hotel Inc)

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