Common use of Creative Work Clause in Contracts

Creative Work. The Executive agrees that all creative work and work product, including but not limited to all technology, business management tools, processes, software, patents, trademarks, and copyrights developed by the Executive during the term of this Agreement, regardless of when or where such work or work product was produced, constitutes work made for hire, all rights of which are owned by the Employer. The Executive hereby assigns to the Employer all rights, title, and interest, whether by way of copyrights, trade secret, trademark, patent, or otherwise, in all such work or work product, regardless of whether the same is subject to protection by patent, trademark, or copyright laws. This section 6.3 shall not be construed to require assignment to the Employer of the Executive’s right, title, and interest in creative work and work product, including but not limited to inventions, patents, trademarks, and copyrights, developed by the Executive entirely on the Executive’s own time and without using the Employer’s equipment, supplies, facilities, or trade secrets unless the creative work or work product (x) relates to the Employer’s business or actual or demonstrably anticipated research or development or (y) results from any work performed by the Executive for the Employer. However, to enable the Employer to determine the rights of the Employer and the Executive in any creative work and work product developed by the Executive that the Executive considers nonassignable under this section 6.3, including but not limited to inventions, patents, trademarks, and copyrights, the Executive shall during the term of this Agreement timely report to the Employer all such creative work and work product.

Creative Work. The Executive agrees that all creative work and work product, including but not limited to all technology, business management tools, processes, software, patents, trademarks, and copyrights developed by the Executive during the term of this AgreementTerm, regardless of when or where such work or work product was produced, constitutes work made for hire, all rights of which are owned by the EmployerBank. The Executive hereby assigns to the Employer Bank all rights, title, and interest, whether by way of copyrights, trade secret, trademark, patent, or otherwise, in all such work or work product, regardless of whether the same is subject to protection by patent, trademark, or copyright laws. This section 6.3 Section 6.4 shall not be construed to require assignment to the Employer Bank of the Executive’s right, title, and interest in creative work and work product, including but not limited to inventions, patents, trademarks, and copyrights, developed by the Executive entirely on the Executive’s own time and without using the EmployerBank’s or any of its affiliates’ equipment, supplies, facilities, or trade secrets secrets, unless the creative work or work product (xa) relates to the EmployerBank’s business or actual or demonstrably anticipated research or development or (yb) results from any work performed by the Executive for the EmployerBank or any of its affiliates. However, to enable the Employer Bank to determine the rights of the Employer Bank and the Executive in any creative work and work product developed by the Executive that the Executive considers nonassignable non-assignable under this section 6.3Section 6.4, including but not limited to inventions, patents, trademarks, and copyrights, the Executive shall during the term of this Agreement Term timely report to the Employer Bank all such creative work and work product.

Creative Work. The Executive agrees that all creative work and work product, including but not limited to all technology, business management tools, processes, software, patents, trademarks, and copyrights developed by the Executive during the term of this Agreement, regardless of when or where such work or work product was produced, constitutes work made for hire, all rights of which are owned by the EmployerCorporation and the Bank. The Executive hereby assigns to the Employer Corporation and the Bank all rights, title, and interest, whether by way of copyrights, trade secret, trademark, patent, or otherwise, in all such work or work product, regardless of whether the same is subject to protection by patent, trademark, or copyright laws. This section 6.3 shall not be construed to require assignment to the Employer Corporation and the Bank of the Executive’s right, title, and interest in creative work and work product, including but not limited to inventions, patents, trademarks, and copyrights, developed by the Executive entirely on the Executive’s own time and without using the EmployerCorporation’s or the Bank’s equipment, supplies, facilities, or trade secrets unless the creative work or work product (x) relates to the EmployerCorporation’s or the Bank’s business or actual or demonstrably anticipated research or development or (y) results from any work performed by the Executive for the EmployerCorporation or the Bank. However, to enable the Employer Corporation and the Bank to determine the rights of the Employer Corporation and the Bank and the Executive in any creative work and work product developed by the Executive that the Executive considers nonassignable under this section 6.3, including but not limited to inventions, patents, trademarks, and copyrights, the Executive shall during the term of this Agreement timely report to the Employer Corporation and the Bank all such creative work and work product.