Common use of Confidentiality and Proprietary Information Clause in Contracts

Confidentiality and Proprietary Information. (a) In addition to any common-law restrictions upon the Employee’s use, disclosure or exploitation of confidential, proprietary or secret information of the DPC Entities, the Employee covenants and agrees that, without prior written consent of the Company, the Employee will not at any time during or after the Employment Term use for the Employee’s benefit or disclose to or use for any other Person, directly or indirectly, any secret, confidential, or proprietary information of the DPC Entities, including, without limitation, the DPC Entities’ trade secrets, processes, formulas, techniques, customer identities, pricing, preferences, requirements, reports, and other sensitive customer information, servicing methods, profit margins, analyses, employee, vendor, and supplier information, business or marketing plans or strategies, financial data and presentation or sales materials, technologies, computer programs, software, designs and inventions (collectively, the “Confidential Information”); provided, however, that the term Confidential Information does not include or refer to any information that is in the public domain (other than by a breach of this Agreement). The Employee acknowledges that the Confidential Information is vital, sensitive, confidential, and proprietary to the DPC Entities. The Employee covenants and agrees that all files, reports, lists, materials, records, documents, notes, memoranda, specifications, product or other formulas, equipment, and other items, and any originals, copies, recordings, abstracts, or notes thereof, relating to the Confidential Information or the DPC Entities’ business that the Employee prepared, used, or acquired during the Employee’s employment with the Company (either before or during the Employment Term), are and shall remain the sole and exclusive property of the Company and shall be immediately returned to the Company at any time upon demand and, in all events, immediately at the end of the Employment Term.

Confidentiality and Proprietary Information. (a) In addition to any common-law restrictions upon the Employee’s use, disclosure or exploitation of confidential, proprietary or secret information of the DPC Entities, the Employee covenants and agrees that, without prior written consent of the CompanyCompany or DPC, the Employee will not at any time during or after the Employment Term use for the Employee’s benefit or disclose to or use for any other Personperson, directly or indirectly, any secret, confidential, confidential or proprietary information of the DPC Entities, including, without limitation, the DPC Entities’ trade secrets, processes, formulas, techniques, customer identities, pricing, preferences, requirements, reports, reports and other sensitive customer information, servicing methods, profit margins, analyses, employee, vendor, vendor and supplier information, business or marketing plans or strategies, financial data and presentation or sales materials, technologies, computer programs, software, designs and inventions (collectively, the “Confidential Informationconfidential information”); provided, however, that the term Confidential Information confidential information does not include or refer to any information that is in the public domain (other than by a breach of this Agreement). The Employee acknowledges that the Confidential Information confidential information is vital, sensitive, confidential, confidential and proprietary to the DPC Entities. The Employee covenants and agrees that all files, reports, lists, materials, records, documents, notes, memoranda, specifications, product or other formulas, equipment, equipment and other items, and any originals, copies, recordings, abstracts, abstracts or notes thereof, relating to the Confidential Information confidential information or the DPC Entities’ business that the Employee preparedis or was either provided, usedprepares or prepared by Employee, uses or used or simply acquires or acquired during the Employee’s this employment with the Company or DPC (either before or during the Employment Term), are and shall remain the sole and exclusive property of the Company or DPC and shall be immediately returned to the Company or DPC at any time upon demand and, in all events, immediately at the end of the Employment Term.