Common use of Confidentiality and Trade Secrets Clause in Contracts

Confidentiality and Trade Secrets. (a) The Executive acknowledges and agrees that his position as an employee of the Company will afford him a unique opportunity to acquire confidential information concerning the Company and that the misappropriation or disclosure of such confidential information would cause irreparable harm to the Company. The Executive recognizes and agrees that he will have access to certain confidential information of the Company that is not generally available to the public and that such information constitutes valuable, special and unique property of the Company. The Executive acknowledges that such confidential information includes information concerning the Business and the Company including, without limitation, financial information concerning the Business or the Company, the names and addresses of actual and potential customers or acquisition or investment targets of the Business or the Company, studies of prospective market areas for the Business, supply sources, products, technical data, notes, diagrams, drawings, flow charts, ideas, techniques, specifications, procedures, processes, research, development, and trade secrets of the Business and the Company (such information whether related to the Business or the Company being referred to collectively as the “Confidential Information”). Confidential Information shall not include any information or documents (i) that are or become publicly available or otherwise known in the industry without breach of this Section 4.02; or (ii) that the Executive rightfully receives from any third party which is not breaching an obligation of confidence with the Company or without an accompanying obligation of confidence; or (iii) that were known to or by the Executive prior to his appointment with the Company without breach of this Section 4.02. In the event that the Executive is requested in any court or governmental proceeding to disclose any Confidential Information, the Executive shall give the Company prompt notice of such request such that the Company may seek a protective order or other appropriate relief and shall cooperate in all respects with the Company in its efforts in connection therewith.

Confidentiality and Trade Secrets. (a) The Executive Principal Stockholder acknowledges and agrees that his or her prior and current position as an employee stockholder of the Company has afforded him or her, and will continue to afford him or her, a unique opportunity to acquire confidential information concerning the Company and that the misappropriation or disclosure of such confidential information would cause irreparable harm to the Company. The Executive Principal Stockholder recognizes and agrees that he or she has had and will continue to have access to certain confidential information of the Company that and its subsidiaries which is not generally available to the public and that such information constitutes valuable, special and unique property of the CompanyCompany or one of its subsidiaries. The Executive Principal Stockholder acknowledges that such confidential information includes information concerning the Business and Business, the Company includingand its subsidiaries, including without limitation, limitation financial information concerning the Business or and the Company, the names and addresses of actual and potential customers or acquisition or investment targets of the Business or the Company, studies of prospective market areas for the Business, supply sources, products, technical data, notes, diagrams, drawings, flow charts, ideas, techniques, specifications, procedures, processes, research, development, and trade secrets of the Business and the Company (such information whether related to the Business or the Company or its subsidiaries being referred to collectively as the “"Confidential Information”"). Confidential Information shall not include any information or documents (i) that are or become publicly available or otherwise known in the industry without breach of this Section 4.02; or 2.02, (ii) that the Executive Principal Stockholder rightfully receives from any third party which is not breaching an obligation of confidence with the Company or any of its subsidiaries or without an accompanying obligation of confidence; confidence or (iii) that were known are required to be released by a valid court or by the Executive prior to his appointment with the Company without breach of this Section 4.02governmental order. In the event that the Executive Principal Stockholder is requested in any court or governmental proceeding to disclose any Confidential Information, the Executive Principal Stockholder shall give the Company prompt notice of such request such that the Company may seek a protective order or other appropriate relief and shall cooperate in with all respects with reasonable requests of the Company in its efforts in connection therewith.

Confidentiality and Trade Secrets. (a) The Executive Employee acknowledges and agrees that his future position as an employee of the Company will afford him a unique opportunity to acquire confidential information concerning the Company Company, and its affiliates and that the misappropriation or disclosure of such confidential information would cause irreparable harm to the Company, or its affiliates. The Executive Employee recognizes and agrees that he will have access to certain confidential information of the Company that Company, and its affiliates, which is not generally available to the public and that such information constitutes valuable, special and unique property of the Company, and its affiliates. The Executive Employee acknowledges that such confidential information includes information concerning the Business Business, the Company, and the Company includingits affiliates, including without limitation, limitation financial information concerning the Business or Business, the Company, or its affiliates, the names and addresses of actual and potential customers or acquisition or investment targets of the Business or the Company, studies of prospective market areas for the Business, supply sources, products, technical data, notes, diagrams, drawings, flow charts, ideas, techniques, specifications, procedures, processes, research, development, and trade secrets of the Business and the Company (such information whether related to the Business Business, the Company, or the Company its affiliates being referred to collectively as the “"Confidential Information”"). Confidential Information shall not include any information or documents (i) that are or become publicly available or otherwise known in the industry without breach of this Section 4.02; 4.02 or (ii) that the Executive Employee rightfully receives from any third party which is not breaching an obligation of confidence with the Company Company, or its affiliates or without an accompanying obligation of confidence; or (iii) that were known to or by the Executive prior to his appointment with the Company without breach of this Section 4.02. In the event that the Executive Employee is requested in any court or governmental proceeding to disclose any Confidential Information, the Executive Employee shall give the Company and its affiliates prompt notice of such request such that the Company and its affiliates may seek a protective order or other appropriate relief and shall cooperate in all respects with the Company in its efforts in connection therewith.