Common use of Trade Secrets and Confidential Information Clause in Contracts

Trade Secrets and Confidential Information. Xxxxxxx agrees that he/she shall protect the Company’s Trade Secrets (as defined in Section 1(b) above) and Confidential Information (as defined in Section 1(a) above) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However, Grantee may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee will promptly notify the Company of such order or subpoena to provide it an opportunity to protect its interests. Grantee’s obligations under this Section 2(b) have applied throughout his/her active employment, shall continue after the Date of Termination, and shall survive any expiration or termination of the Confidentiality Provisions, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on Xxxxxxx’s own behalf or on behalf of the Company, any information Xxxxxxx received prior to employment by the Company which was supplied to Grantee confidentially or which Grantee should reasonably know to be confidential. Nothing in this section prohibits Grantee from reporting possible violations of law or regulation to any governmental agency or entity, or making other disclosures that are protected under the whistleblower provisions of law or regulation. Xxxxxxx does not need the prior authorization of the Company to make any such reports or disclosures, and Grantee is not required to notify the Company that Grantee has made such reports or disclosures.

Trade Secrets and Confidential Information. Xxxxxxx Executive agrees that he/she shall protect the Company’s and its affiliates’ Trade Secrets (as defined in Section 1(b) abovebelow) and Confidential Information (as defined in Section 1(a) abovebelow) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However; provided, Grantee however, that Executive may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee Executive will promptly notify the Company or its affiliates of such order or subpoena to provide it the Company or its affiliates an opportunity to protect its their interests. GranteeExecutive’s obligations under this Section 2(b) have applied throughout 5.2 shall apply during his/her active employment and after his/her termination of employment, shall continue after through the Date of TerminationSeverance Period, and shall survive any expiration or termination of the Confidentiality Provisionsthis Agreement, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx Executive further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on XxxxxxxExecutive’s own behalf or on behalf of the Company, any information Xxxxxxx Executive received prior to employment by the Company which was supplied to Grantee Executive confidentially or which Grantee Executive should reasonably know to be confidential. Nothing in this section Agreement prohibits Grantee Executive from reporting possible violations of federal law or regulation to any governmental agency or entityentity including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress, or any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. Xxxxxxx Executive does not need the prior authorization of the Company to make any such reports or disclosures, and Grantee Executive is not required to notify the Company that Grantee Executive has made such reports or disclosures.

Trade Secrets and Confidential Information. Xxxxxxx Employee agrees that he/she shall protect the Company’s Protected Parties’ Trade Secrets (as defined in Section 1(bParagraph 4(k)(ii) abovebelow) and Confidential Information (as defined in Section 1(aParagraph 4(k)(i) abovebelow) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However; provided, Grantee however, that Employee may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee Employee will promptly notify the Company Protected Parties of such order or subpoena to provide it the Protected Parties an opportunity to protect its their interests. GranteeEmployee’s obligations under this Section 2(b4(b) have applied throughout shall apply after his/her active employmentSeparation Date, shall continue after through the Date of TerminationSeverance Period, and shall survive any expiration or termination of the Confidentiality Provisionsthis Agreement, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx Employee further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on XxxxxxxEmployee’s own behalf or on behalf of the Company, any information Xxxxxxx Employee received prior to employment by the Company which was supplied to Grantee Employee confidentially or which Grantee Employee should reasonably know to be confidential. Nothing in this section Agreement prohibits Grantee Employee from reporting possible violations of federal law or regulation to any governmental agency or entityentity including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress, or any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. Xxxxxxx Employee does not need the prior authorization of the Company Employer to make any such reports or disclosures, and Grantee Employee is not required to notify the Company Employer that Grantee Employee has made such reports or disclosures.

Trade Secrets and Confidential Information. Xxxxxxx agrees that he/she shall protect the Company’s 's Trade Secrets (as defined in Section 1(b) above) and Confidential Information (as defined in Section 1(a) above) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However, Grantee may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee will promptly notify the Company of such order or subpoena to provide it an opportunity to protect its interests. Grantee’s obligations under this Section 2(b) have applied throughout his/her active employment, shall continue after the Date of Termination, and shall survive any expiration or termination of the Confidentiality Provisions, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on Xxxxxxx’s own behalf or on behalf of the Company, any information Xxxxxxx received prior to employment by the Company which was supplied to Grantee confidentially or which Grantee should reasonably know to be confidential. Nothing in this section prohibits Grantee from reporting possible violations of law or regulation to any governmental agency or entity, or making other disclosures that are protected under the whistleblower provisions of law or regulation. Xxxxxxx does not need the prior authorization of the Company to make any such reports or disclosures, and Grantee is not required to notify the Company that Grantee has made such reports or disclosures.

Trade Secrets and Confidential Information. Xxxxxxx Executive agrees that he/she shall protect the Company’s and its affiliates’ Trade Secrets (as defined in Section 1(b) abovebelow) and Confidential Information (as defined in Section 1(a) abovebelow) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However; provided, Grantee however, that Executive may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee Executive will promptly notify the Company or its affiliates of such order or subpoena to provide it the Company or its affiliates an opportunity to protect its their interests. GranteeExecutive’s obligations under this Section 2(b) have applied throughout 5.2 shall apply during his/her active employment and after his/her termination of employment, shall continue after through the Date of TerminationSeverance Period, and shall survive any expiration or termination of the Confidentiality Provisionsthis Agreement, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx Executive further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on XxxxxxxExecutive’s own behalf or on behalf of the Company, any information Xxxxxxx Executive received prior to employment by the Company which was supplied to Grantee Executive confidentially or which Grantee Executive should reasonably know to be confidential. Nothing in this section Agreement prohibits Grantee Executive from reporting possible violations of federal law or regulation to any governmental agency or entityentity including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress, or any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. Xxxxxxx Executive does not need the prior authorization of the Company to make any such reports or disclosures, and Grantee Executive is not required to notify the Company that Grantee Executive has made such reports or disclosures. Notwithstanding any other provision of this agreement, Executive will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. If Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Executive may disclose the Company's trade secrets to Executive’s attorney and use the trade secret information in the court proceeding if Executive (A) files any document containing trade secrets under seal; and (B) does not disclose trade secrets, except pursuant to court order.

Trade Secrets and Confidential Information. Xxxxxxx During the term of employment and for a period of (i) four (4) years thereafter for Confidential Information that is not a trade secret under Georgia law or (ii) until the Confidential Information that is a trade secret under Georgia law ceases to qualify as such, Executive agrees that he/she he shall protect the Company’s Trade Secrets (as defined in Section 1(b) above) and any such Confidential Information (as defined in Section 1(a) above) and shall not disclose to any person or entity, or otherwise use or disseminatenot, except in connection with the performance of his/her his remaining duties for the Company, disclose or otherwise copy, reproduce, use, distribute or otherwise disseminate any such Confidential Information, or any physical embodiments thereof, to any person or entity. Executive further agrees that he shall not, except in connection with the performance of his remaining duties for the Company, disclose or otherwise copy, reproduce, distribute or otherwise disseminate any Trade Secrets, or any physical embodiments thereof, to any person or entity. Executive will, in no event, take any action causing, or fail to take any action necessary in order to prevent any Confidential Information or Trade Secrets disclosed to or Confidential Information. Howeverdeveloped by Executive to lose their character as such; provided, Grantee however, that Executive may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee Executive will promptly notify the Company of such order or subpoena to provide it the Company an opportunity to protect its interests. GranteeExecutive’s obligations under this Section 2(b) have applied throughout his/her active employment, shall continue after the Date of Termination, and 5.3 shall survive any expiration or termination of the Confidentiality Provisionsthis Agreement, so long as the information provided that Executive may after such expiration or material remains termination disclose Confidential Information or a Trade SecretSecrets with the prior written consent of the Chief Executive Officer. The Executive attests that, as applicable. Xxxxxxx further confirms that during his/her his employment with the Company, including after the Date of Termination, he/she he has not and will not offer, disclose or use on XxxxxxxExecutive’s own behalf or on behalf of the Company, any information Xxxxxxx Executive received prior to employment by the Company Company, which was supplied to Grantee Executive confidentially or which Grantee Executive should reasonably know to be confidential, to any person, organization or entity other than the Company without the written approval of such person, organization or entity. Nothing contained herein shall be in this section prohibits Grantee from reporting possible violations derogation or a limitation of law or regulation to any governmental agency or entity, or making other disclosures that are protected under the whistleblower provisions of law or regulation. Xxxxxxx does not need the prior authorization rights of the Company to make any such reports enforce its rights or disclosuresthe duties of Executive under then applicable Georgia law relating to Trade Secrets including, and Grantee is not required to notify in particular, the Company that Grantee has made such reports or disclosuresGeorgia Trade Secrets Act, O.C.G.A. Sections 10-1-760, et seq.

Trade Secrets and Confidential Information. Xxxxxxx agrees that he/she shall protect the Company’s Trade Secrets (as defined in Section 1(b) above) and Confidential Information (as defined in Section 1(a) above) and Executive shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However, Grantee may make disclosures required by a valid order directly or subpoena issued by a court indirectly, nor use them in any way, either during the term of this Agreement or administrative agency at any time thereafter, except (i) in the normal course of competent jurisdiction, in which event Grantee will promptly notify the Company of such order or subpoena to provide it an opportunity to protect its interests. GranteeExecutive’s obligations under this Section 2(b) have applied throughout his/her active employment, shall continue after the Date of Termination, work for and shall survive any expiration or termination of the Confidentiality Provisions, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on Xxxxxxx’s own behalf or on behalf of Xxxxxxx, (ii) with the Companyprior written consent of Xxxxxxx, (iii) as required by law or judicial process, provided Executive, if allowed by applicable law, promptly notifies Xxxxxxx in writing of any subpoena or other judicial request for disclosure involving confidential information or trade secrets, and cooperates with any effort by Xxxxxxx received prior to employment by obtain a protective order preserving the Company which was supplied to Grantee confidentially confidentiality of the Trade Secrets and Confidential Information, or which Grantee should reasonably know to be confidential. Nothing (iv) in this section prohibits Grantee from connection with reporting possible violations of law or regulation regulations to any governmental agency or entity, or from making other disclosures that are protected under any applicable whistleblower laws. All files, records, documents, computer data (including passwords, access codes, electronic and voice mail, etc.), drawings, specifications, equipment, and similar items relating to the whistleblower provisions business of Xxxxxxx, whether prepared by Executive or otherwise coming into Executive’s possession, shall remain the exclusive property of Xxxxxxx, and shall not be removed from the premises of Xxxxxxx except as required in the course of Executive’s employment with Xxxxxxx. Upon separation of employment, Executive agrees to return to Xxxxxxx any Trade Secrets and Confidential Information in Executive’s possession or control, including, without limitation, all lists of customers, samples, price lists, literature, documents, data, computer and financial records and any other property belonging to Xxxxxxx or relating to the business of Xxxxxxx or in any way referring or relating to any Trade Secrets and Confidential Information. Notwithstanding anything to the contrary in this Agreement or any policy of Xxxxxxx, Executive may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (1) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney if such disclosure is made solely for the purpose of reporting or investigating a suspected violation of law or regulation. Xxxxxxx for pursuing an anti-retaliation lawsuit; or (2) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal and Executive does not need disclose the prior authorization of trade secret except pursuant to a court order. In the Company to make any such reports or disclosuresevent a disclosure is made, and Grantee Executive files a lawsuit against Xxxxxxx alleging that Xxxxxxx retaliated against Executive because of his or her disclosure, Executive may disclose the relevant trade secret or confidential information to his or her attorney and may use the same in the court proceeding only if (A) Executive ensures that any court filing that includes the trade secret or confidential information at issue is made under seal; and (B) Executive does not otherwise disclose the trade secret or confidential information except as required to notify the Company that Grantee has made such reports or disclosures.by court order

Trade Secrets and Confidential Information. Xxxxxxx Executive agrees that he/she he shall protect the Company’s and its affiliates’ Trade Secrets (as defined in Section 1(b) abovebelow) and Confidential Information (as defined in Section 1(a) abovebelow) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her his duties for the Company, any Trade Secrets or Confidential Information. However; provided, Grantee however, that Executive may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee Executive will promptly notify the Company or its affiliates of such order or subpoena to provide it the Company or its affiliates an opportunity to protect its their interests. GranteeExecutive’s obligations under this Section 2(b) have applied throughout his/her active shall apply during his employment and after his termination of employment, shall continue after through the Date of TerminationSeverance Period, and shall survive any expiration or termination of the Confidentiality Provisionsthis Agreement, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx Executive further confirms that during his/her his employment with the Company, including after the Date of Termination, he/she he has not and will not offer, disclose or use on XxxxxxxExecutive’s own behalf or on behalf of the Company, any information Xxxxxxx Executive received prior to employment by the Company which was supplied to Grantee Executive confidentially or which Grantee Executive should reasonably know to be confidential. Nothing in this section Agreement prohibits Grantee Executive from reporting possible violations of federal law or regulation to any governmental agency or entityentity including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress, or any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. Xxxxxxx Executive does not need the prior authorization of the Company to make any such reports or disclosures, and Grantee Executive is not required to notify the Company that Grantee Executive has made such reports or disclosures. Notwithstanding any other provision of this agreement, Executive will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. If Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Executive may disclose the Company's trade secrets to the Executive’s attorney and use the trade secret information in the court proceeding if the Executive (A) files any document containing trade secrets under seal; and (B) does not disclose trade secrets, except pursuant to court order.

Trade Secrets and Confidential Information. Xxxxxxx Executive agrees that he/she shall protect the Company’s and its affiliates’ Trade Secrets (as defined in Section 1(b) abovebelow) and Confidential Information (as defined in Section 1(a) abovebelow) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However; provided, Grantee however, that Executive may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee Executive will promptly notify the Company or its affiliates of such order or subpoena to provide it the Company or its affiliates an opportunity to protect its their interests. GranteeExecutive’s obligations under this Section 2(b) have applied throughout 5.2 shall apply during his/her active employment and after his/her termination of employment, shall continue after through the Date of TerminationSeverance Period, and shall survive any expiration or termination of the Confidentiality Provisionsthis Agreement, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx Executive further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on XxxxxxxExecutive’s own behalf or on behalf of the Company, any information Xxxxxxx Executive received prior to employment by the Company which was supplied to Grantee Executive confidentially or which Grantee Executive should reasonably know to be confidential. Nothing in this section Agreement prohibits Grantee Executive from reporting possible violations of federal law or regulation to any governmental agency or entityentity including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress, or any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. Xxxxxxx Executive does not need the prior authorization of the Company to make any such reports or disclosures, and Grantee Executive is not required to notify the Company that Grantee Executive has made such reports or disclosures.

Trade Secrets and Confidential Information. Xxxxxxx agrees that he/she shall protect the Company’s Trade Secrets (as defined in Section 1(b) above) and Confidential Information (as defined in Section 1(a) above) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However, Grantee may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee will promptly notify the Company of such order or subpoena to provide it an opportunity to protect its interests. Grantee’s obligations under this Section 2(b) have applied throughout his/her active employment, shall continue after the Date of Termination, and shall survive any expiration or termination of the Confidentiality Provisions, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on Xxxxxxx’s own behalf or on behalf of the Company, any information Xxxxxxx received prior to employment by the Company which was supplied to Grantee confidentially or which Grantee should reasonably know to be confidential. Nothing in this section prohibits Grantee from reporting possible violations of federal law or regulation to any governmental agency or entityentity including, but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. Xxxxxxx does not need the prior authorization of the Company to make any such reports or disclosures, and Grantee is not required to notify the Company that Grantee has made such reports or disclosures.

Trade Secrets and Confidential Information. Xxxxxxx Optionee agrees that he/she shall protect the Company’s Trade Secrets (as defined in Section 1(b) above) and Confidential Information (as defined in Section 1(a) above) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However, Grantee Optionee may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee Optionee will promptly notify the Company of such order or subpoena to provide it an opportunity to protect its interests. GranteeOptionee’s obligations under this Section 2(b) have applied throughout his/her active employment, shall continue after the Date of Termination, and shall survive any expiration or termination of the Confidentiality Provisions, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx Optionee further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on XxxxxxxOptionee’s own behalf or on behalf of the Company, any information Xxxxxxx Optionee received prior to employment by the Company which was supplied to Grantee Optionee confidentially or which Grantee Optionee should reasonably know to be confidential. Nothing in this section Section prohibits Grantee Optionee from reporting possible violations of law or regulation to any governmental agency or entity, or making other disclosures that are protected under the whistleblower provisions of law or regulation. Xxxxxxx Optionee does not need the prior authorization of the Company to make any such reports or disclosures, and Grantee Optionee is not required to notify the Company that Grantee Optionee has made such reports or disclosures. Notwithstanding any other provision of this agreement, Optionee will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. If Optionee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Optionee may disclose the Company's trade secrets to Optionee’s attorney and use the trade secret information in the court proceeding if Optionee (A) files any document containing trade secrets under seal; and (B) does not disclose trade secrets, except pursuant to court order.

Trade Secrets and Confidential Information. Xxxxxxx During the term of employment and for a period of (i) four (4) years thereafter for Confidential Information that is not a trade secret under Georgia law, or (ii) until the Confidential Information that is a trade secret under Georgia law ceases to qualify as such, Executive agrees that he/she he shall protect the Company’s Trade Secrets (as defined in Section 1(b) above) and any such Confidential Information (as defined in Section 1(a) above) and shall not disclose to any person or entity, or otherwise use or disseminatenot, except in connection with the performance of his/her his remaining duties for the Company, disclose or otherwise copy, reproduce, use, distribute or otherwise disseminate any such Confidential Information, or any physical embodiments thereof, to any person or entity. Executive further agrees that he shall not, except in connection with the performance of his remaining duties for the Company, disclose or otherwise copy, reproduce, distribute or otherwise disseminate any Trade Secrets, or any physical embodiments thereof, to any person or entity. Executive will, in no event, take any action causing, or fail to take any action necessary in order to prevent any Confidential Information or Trade Secrets disclosed to or Confidential Information. Howeverdeveloped by Executive to lose their character as such; provided, Grantee however, that Executive may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee Executive will promptly notify the Company of such order or subpoena to provide it the Company an opportunity to protect its interests. GranteeExecutive’s obligations under this Section 2(b) have applied throughout his/her active employment, shall continue after the Date of Termination, and 5.3 shall survive any expiration or termination of the Confidentiality Provisionsthis Agreement, so long as the information provided that Executive may after such expiration or material remains termination disclose Confidential Information or a Trade SecretSecrets with the prior written consent of the Chief Executive Officer. The Executive attests that, as applicable. Xxxxxxx further confirms that during his/her his employment with the Company, including after the Date of Termination, he/she he has not and will not offer, disclose or use on XxxxxxxExecutive’s own behalf or on behalf of the Company, any information Xxxxxxx Executive received prior to employment by the Company Company, which was supplied to Grantee Executive confidentially or which Grantee Executive should reasonably know to be confidential, to any person, organization or entity other than the Company without the written approval of such person, organization or entity. Nothing contained herein shall be in this section prohibits Grantee from reporting possible violations derogation or a limitation of law or regulation to any governmental agency or entity, or making other disclosures that are protected under the whistleblower provisions of law or regulation. Xxxxxxx does not need the prior authorization rights of the Company to make any such reports enforce its rights or disclosuresthe duties of Executive under then applicable Georgia law relating to Trade Secrets including, and Grantee is not required to notify in particular, the Company that Grantee has made such reports or disclosuresGeorgia Trade Secrets Act, O.C.G.A. Sections 10-1-760, et seq.

Trade Secrets and Confidential Information. Xxxxxxx During the term of employment and for a period of (i) three (3) years thereafter for Confidential Information that is not a trade secret under South Carolina law or (ii) until the Confidential Information that is a trade secret under South Carolina law ceases to qualify as such, Executive agrees that he/she he shall protect the Company’s Trade Secrets (as defined in Section 1(b) above) and any such Confidential Information (as defined in Section 1(a) above) and shall not disclose to any person or entity, or otherwise use or disseminatenot, except in connection with the performance of his/her his remaining duties for the CompanyCompany and as provided herein, disclose or otherwise copy, reproduce, use, distribute or otherwise disseminate any such Confidential Information, or any physical embodiments thereof, to any person or entity. Executive further agrees that he shall not, except in connection with the performance of his remaining duties for the Company and otherwise provided herein, disclose or otherwise copy, reproduce, distribute or otherwise disseminate any Trade Secrets, or any physical embodiments thereof, to any person or entity. Executive will, in no event, take any action causing, or fail to take any action necessary in order to prevent any Confidential Information or Trade Secrets disclosed to or Confidential Information. Howeverdeveloped by Executive to lose their character as such; provided, Grantee however, that Executive may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction. Further, nothing in which event Grantee will promptly notify this Section or any other provision or agreement should be interpreted to prohibit the Company good faith reporting of such order violations of law or subpoena regulations to provide it an opportunity to protect its interestsany governmental agency or entity or otherwise cooperating in a governmental investigation. GranteeExecutive’s obligations under this Section 2(b) have applied throughout his/her active employment, shall continue after the Date of Termination, and 5.3 shall survive any expiration or termination of the Confidentiality Provisionsthis Agreement, so long as the information provided that Executive may after such expiration or material remains termination disclose Confidential Information or a Trade SecretSecrets with the prior written consent of the Chief Executive Officer. The Executive attests that, as applicable. Xxxxxxx further confirms that during his/her his employment with the Company, including after the Date of Termination, he/she he has not and will not offer, disclose or use on XxxxxxxExecutive’s own behalf or on behalf of the Company, any information Xxxxxxx Executive received prior to employment by the Company Company, which was supplied to Grantee Executive confidentially or which Grantee Executive should reasonably know to be confidential, to any person, organization or entity other than the Company without the written approval of such person, organization or entity. Nothing contained herein shall be in this section prohibits Grantee from reporting possible violations derogation or a limitation of law or regulation to any governmental agency or entity, or making other disclosures that are protected under the whistleblower provisions of law or regulation. Xxxxxxx does not need the prior authorization rights of the Company to make any such reports enforce its rights or disclosures, and Grantee is not required the duties of Executive under then applicable South Carolina law relating to notify the Company that Grantee has made such reports or disclosuresTrade Secrets.

Trade Secrets and Confidential Information. Xxxxxxx Employee agrees that he/she shall protect the Company’s Protected Parties’ Trade Secrets (as defined in Section 1(bParagraph 4(k)(ii) abovebelow) and Confidential Information (as defined in Section 1(aParagraph 4(k)(i) abovebelow) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However; provided, Grantee however, that Employee may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee Employee will promptly notify the Company Protected Parties of such order or subpoena to provide it the Protected Parties an opportunity to protect its their interests. GranteeEmployee’s obligations under this Section 2(b4(b) have applied throughout shall apply after his/her active employmentSeparation Date, shall continue after through the Date of TerminationSeverance Period, and shall survive any expiration or termination of the Confidentiality Provisionsthis Agreement, so long as the information or material remains Confidential Information or a Trade Exhibit 10.4 Secret, as applicable. Xxxxxxx Employee further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on XxxxxxxEmployee’s own behalf or on behalf of the Company, any information Xxxxxxx Employee received prior to employment by the Company which was supplied to Grantee Employee confidentially or which Grantee Employee should reasonably know to be confidential. Nothing in this section Agreement prohibits Grantee Employee from reporting possible violations of federal law or regulation to any governmental agency or entityentity including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress, or any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. Xxxxxxx Employee does not need the prior authorization of the Company Employer to make any such reports or disclosures, and Grantee Employee is not required to notify the Company Employer that Grantee Employee has made such reports or disclosures.

Trade Secrets and Confidential Information. Xxxxxxx agrees that he/she shall protect the Company’s 's Trade Secrets (as defined in Section 1(b) above) and Confidential Information (as defined in Section 1(a) above) and shall not disclose to any person or entity, or otherwise use or disseminate, except in connection with the performance of his/her duties for the Company, any Trade Secrets or Confidential Information. However, Grantee may make disclosures required by a valid order or subpoena issued by a court or administrative agency of competent jurisdiction, in which event Grantee will promptly notify the Company of such order or subpoena to provide it an opportunity to protect its interests. Grantee’s obligations under this Section 2(b) have applied throughout his/her active employment, shall continue after the Date of Termination, and shall survive any expiration or termination of the Confidentiality Provisions, so long as the information or material remains Confidential Information or a Trade Secret, as applicable. Xxxxxxx further confirms that during his/her employment with the Company, including after the Date of Termination, he/she has not and will not offer, disclose or use on Xxxxxxx’s own behalf or on behalf of the Company, any information Xxxxxxx received prior to employment by the Company which was supplied to Grantee confidentially or which Grantee should reasonably know to be confidential. Nothing in this section prohibits Grantee from reporting possible violations of federal law or regulation to any governmental agency or entityentity including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. Xxxxxxx does not need the prior authorization of the Company to make any such reports or disclosures, and Grantee is not required to notify the Company that Grantee has made such reports or disclosures.