to Section 3 Sample Clauses
to Section 3. 2 herein, that Seller may have in the documents and other tangible materials and things set forth on Exhibit A to the Asset Purchase Agreement (“Technical Information”) pursuant to an operative transfer provision in the Asset Purchase Agreement (and/or an instrument of assignment attached thereto). Notwithstanding the foregoing in this Section 3.1, Seller may retain copies of the Technical Information, subject to the license rights granted back to Seller pursuant to Section 3.2 herein. Seller shall maintain in confidence the Technical Information as the Confidential Information of Purchaser in accordance with the terms of the Non-disclosure Agreement.
to Section 3. Section 3 of the Agreement is hereby deleted and the following inserted in its place: "During the Term of this Agreement, the Employee shall be entitled to receive an annual cash bonus of up to 30% of the Employee's then annual base salary, based on the Employee's contribution to the accomplishment of key annual corporate objectives mutually agreed upon by the Employee and the Employer. During the term of this Agreement, the Employee also shall be entitled to participate in an equitable manner with all other eligible executive employees of the Employer in any other incentive compensation and bonus programs authorized and declared by the Board of Directors or the Compensation Committee of the Employer, as the case may be, for executive employees. No other compensation provided for in this Agreement shall be deemed a substitute for the Employee's right to participate in such incentive compensation or bonus programs when and as declared."