Proprietary Items. Employee will not remove from the Company's premises (except to the extent such removal is for purposes of the performance of Employee's duties at home or while traveling, or except as otherwise specifically authorized by the Company) any document, record, notebook, plan, model, component, device, or computer software or code, whether embodied in a disk or in any other form belonging to the Company or used in the Company's business (collectively, the "Proprietary Items"). All of the Proprietary Items, whether or not developed by Employee, are the exclusive property of the Company. Upon termination of his employment, or upon the request of the Company during the Term, Employee will return to the Company all of the Proprietary Items and confidential information in Employee's possession or subject to Employee's control, and Employee shall not retain any copies, abstracts, sketches, or other physical embodiment, including electronic or otherwise, of any of the Proprietary Items or confidential information.
Proprietary Items. Upon termination or expiration of the Officer’s employment by the Company for any reason or by either party, or upon the request of the Company during such tenure, the Officer will immediately return to the Company all Proprietary Items in the Officer’s possession or subject to the Officer’s control, and the Officer shall not retain any copies, abstracts, sketches, or other physical embodiment of any Proprietary Items. For purposes of this Agreement, “Proprietary Items” means all documents and tangible items (including all customer lists, memoranda, books, papers, records, notebooks, plans, models, components, devices, or computer software or code, whether embodied in a disk or in any other form) provided to the Officer by the Company, created by the Officer, or otherwise coming into the Officer’s possession for use in connection with is engagement with the Company or otherwise containing Proprietary Information (whether provided or created during the term of this agreement or prior thereto).
Proprietary Items. All originals, copies and summaries of manuals, memoranda, notes, photographs, notebooks, records, reports, plans, drawings and other documents or items of any kind concerning any matters affecting or relating to the present or potential business of the Employer, whether or not they contain Confidential Information, are, and shall continue to be, the property of the Employer, and all of such documents or items in the possession or control of the Employee shall be delivered to the Employer by the Employee immediately upon the Employer's request or termination of the Employee's employment hereunder.
Proprietary Items. In the course of performance hereunder, Xxxxxxxx Consulting may use products, materials, tools and methodologies that are proprietary to Xxxxxxxx Consulting or to third parties (collectively "Proprietary Items"). As between Docent and Xxxxxxxx Consulting, Proprietary Items will be deemed Confidential Information of Xxxxxxxx Consulting for purposes of Section 6. Included among the Proprietary Items of Xxxxxxxx Consulting are tools that Xxxxxxxx Consulting identifies as Solution Construction Aids ("SCAs"), which Xxxxxxxx Consulting makes available to clients under separate licensing terms. Docent shall have or obtain no rights in such Proprietary Items (or in any modifications or enhancements to them) other than (i) to use them as authorized by Xxxxxxxx Consulting in writing from time to time solely for purposes of performing Docent Responsibilities, (ii) to the extent the Proprietary Items are incorporated into a Deliverable, to use them as part of the Deliverable for purposes of Docent's internal business only, or (iii) pursuant to Xxxxxxxx Consulting's standard license for such Proprietary Items or, in the case of Proprietary Items owned by third parties, pursuant to terms acceptable to the applicable third party. If Proprietary Items are made available to Docent under (i) or (ii) above, they will be made available in an "AS IS" condition and without express or implied warranties of any kind; those Proprietary Items made available under (iii) above shall be subject only to applicable terms of the applicable license.
Proprietary Items. The Executive shall not remove from the Company's premises (except to the extent such removal is for purposes of the performance of the Executive's duties at home or while traveling, or except as otherwise specifically authorized by the Company) any document, record, notebook, plan, model, component, device, or computer software or code, whether embodied in a disk or in any other form (collectively, the "Proprietary Items"). The Executive recognizes that, as between the Company and the Executive, all of the Proprietary Items, whether or not developed by the Executive, are the exclusive property of the Company. Upon termination of this Agreement by either party, or upon the request of the Company during the Term, the Executive shall return to The Company all of the Proprietary Items in the Executive's possession or subject to the Executive's control, and the Executive shall not retain any copies, abstracts, sketches, or other physical embodiment of any of the Proprietary Items.
Proprietary Items. Without limitation, the House Doctor, the House Doctor’s employees and Consultants shall adhere to the provision of M.G.L. c. 30 s. 39M, which provides in part: "Specifications for such contracts, and specifications for contracts awarded pursuant to the provisions of said sections forty-four A to forty-four L of said chapter one hundred and forty-nine, shall be written to provide for full competition for each item of material to be furnished under the contract; except, however, that said specifications may be otherwise written for sound reasons in the public interest stated in writing in the public records of the awarding authority or promptly given in writing by the awarding authority to anyone making a written request therefor, in either instance such writing to be prepared after reasonable investigation. Every such contract shall provide that an item equal to that named or described in the said specifications may be furnished; and an item shall be considered equal to the item so named or described if, in the opinion of the awarding authority: (1) it is at least equal in quality, durability, appearance, strength and design, (2) it will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased, and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the said specifications. For each item of material the specifications shall provide for either a minimum of three named brands of material or a description of material which can be met by a minimum of three manufacturers or producers, and for the equal of any one of said name or described materials." The House Doctor shall refer to the law and consult with Awarding Authority for procedures regarding proprietary items. Awarding Authority may waive the provisions of this law for “sound reasons in the public interest.” No such waiver shall bind Awarding Authority unless made in writing and executed by Awarding Authority. Awarding Authority may require that House Doctor provide documentation that any proprietary item can be maintained by at least two firms prior to waiving the provisions of this law.
Proprietary Items. Without limitation, the Designer, Designer’s employees and Consultants shall adhere to the provisions of M.G.L. c. 30, s. 39M, which provides in part: "Specifications for such contracts, and specifications for contracts awarded pursuant to the provisions of said sections forty-four A to forty-four L of said chapter one hundred and forty-nine, shall be written to provide for full competition for each item of material to be furnished under the contract; except, however, that said specifications may be otherwise written for sound reasons in the public interest stated in writing in the public records of the awarding authority or promptly given in writing by the awarding authority to anyone making a written request therefor, in either instance such writing to be prepared after reasonable investigation. Every such contract shall provide that an item equal to that named or described in the said specifications may be furnished; and an item shall be considered equal to the item so named or described if, in the opinion of the awarding authority: (1) it is at least equal in quality, durability, appearance, strength and design,
Proprietary Items. Labatt will warehouse and supply the various items requested by Stripes if there is a projected inventory turn of [***] times per year (an average inventory of [***] weeks). Labatt recommends that proprietary Products be tested against Labatt stocked items/vendors with the goal of reducing the account’s cost. Items not meeting turn criteria set forth by Labatt and, therefore, not carried for Stripes shall not be counted in determining whether the [***]compliance threshold set forth below in Article III is met or satisfied (if Stripes should choose to source those items by other means). In the event of the termination of this Agreement, all proprietary Products will be picked up at Labatt’s distribution center or delivered to a location designated by Stripes within 30 days after the effective termination date of this Agreement. Proprietary Products picked up from Labatt will be invoiced at Labatt’s then current Cost (as defined herein). Proprietary Products that are delivered to a designated location will be invoiced at Labatt’s current Cost plus actual freight for delivery to such location. Payment is due on delivery. Any such Products will be * CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[***].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Stripes LLC inventoried and reviewed, promptly and in advance, by Stripes and/or any designated third party and upon delivery be subject to usual and customary review and acceptance for product quality, quantity, and customary product code-dating (60 days or more), except in cases of refrigerated fresh eggs, produce, meat Products and certain other Products that customarily have less than 60-day code-dating. Labatt understands and agrees that any marks, trademarks, design or trade dress (collectively, “Marks”) specific to any private label or proprietary Products developed by or exclusively for Stripes and produced, manufactured and/or distributed by Labatt shall remain the sole and exclusive property of Stripes. Labatt understands and acknowledges that its manufacture, delivery and/or supply of any such Products shall not be deemed to assign, convey or xxxxx Xxxxxx any license or other interest in any Xxxx(s) (other than the right to manufacture and package Products bearing the Xxxx(s), in accordance with the terms of a purchase order or requisition request specifying Prod...
Proprietary Items. The Consultant will not remove from the Company or any of the Company’s premises (except to the extent such removal is for purposes of the performance of Consultant’s duties hereunder at home or while traveling, or except as otherwise specifically authorized by the Company) any document, record, notebook, plan, model, component, device, or computer software, whether embodied in a disk or in any other form (collectively, the "Proprietary Items"). The Consultant recognizes that, as between the Company, on the one hand, and the Consultant, on the other hand, all of the Proprietary Items, whether or not developed by the Consultant, are the exclusive property of the Company. Upon any termination of the Term or this Agreement, or upon the Company's request at any time, the Consultant will return to the Company all of the Proprietary Items in the Consultant's possession or subject to the Consultant's control, and the Consultant shall not retain any copies or other physical embodiment of any of the Proprietary Items.
Proprietary Items. It is expressly understood that the systems (electronic or manual), methods, procedures and written materials (not including all or any portion of information which (i) becomes generally available to the public other than as a result of a disclosure by the recipient, or (ii) was or becomes rightfully available to the recipient on a non-confidential basis from a source other than the owner; provided, that such source is not prohibited from disclosing such information to the recipient by a contractual, legal or fiduciary obligation to owner, collectively, “Confidential Information”) employed by either GHC or Omnicare are proprietary in nature and shall remain the property of GHC or Omnicare, as the case may be. GHC and Omnicare agree not to utilize, distribute, copy, disclose to any third party or otherwise employ or acquire Confidential Information of the other party, unless prior written approval is obtained from the party owning the information, except in the performance of such party’s obligations under this Master Agreement or otherwise required by law. This provision shall survive termination of this Master Agreement.
