Common use of Nondisclosure and Nonuse of Confidential Information Clause in Contracts

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his employment with the Corporation or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC or the Corporation. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, or its Subsidiaries in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all technology and trade secrets, (xiv) strategic plans, business plans, budgets and financial models, and (xv) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof have been published.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his Executive’s employment with the Corporation Company or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himExecutive, except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the LLC or Company; provided that nothing herein shall restrict Executive from disseminating personal knowledge gained during the Corporationcourse of Executive’s employment with the Company after the second anniversary of the termination of Executive’s employment with the Company to the extent such personal knowledge is not the property of the Company. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "“Confidential Information" ” is defined by O.C.G.A. §13-8-51(3) and means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, or its Subsidiaries Company in connection with their its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination. Notwithstanding the foregoing, “Confidential Information” shall not include any information (a) of which Executive became aware prior to Executive’s affiliation with the Company (b) of which Executive learns from sources other than the Company, whether prior to or after such information is actually disclosed by the Company, or (c) which is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his Executive’s employment with the Corporation Company or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himExecutive, except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the LLC or Company; provided that nothing herein shall restrict Executive from disseminating personal knowledge gained during the Corporationcourse of Executive’s employment with the Company after the second anniversary of the termination of Executive’s employment with the Company to the extent such personal knowledge is not the property of the Company. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "“Confidential Information" ” means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, or its Subsidiaries Company in connection with their its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination. Notwithstanding the foregoing, “Confidential Information” shall not include any information (a) of which Executive became aware prior to Executive’s affiliation with the Company (b) of which Executive learns from sources other than the Company, whether prior to or after such information is actually disclosed by the Company, or (c) which is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his employment with the Corporation Company or its Subsidiaries or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC Company or the Corporationits Subsidiaries. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential InformationCONFIDENTIAL INFORMATION" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, Company or its Subsidiaries in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his Executive’s employment with any of the Corporation Company Parties or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himExecutive, except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the LLC or any of the CorporationCompany Parties: provided that nothing herein shall restrict Executive from disseminating personal knowledge gained during the course of Executive’s employment with the Company Parties after the second anniversary of the termination of Executive’s employment with the Company Parties to the extent such personal knowledge is not the property of any of the Company Parties. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "“Confidential Information" ” means information that is not generally known to the public and that is used, developed or obtained by any of the LLC, the Corporation, or its Subsidiaries Company Parties in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination. Notwithstanding the foregoing, “Confidential Information” shall not include any information (a) of which Executive became aware prior to Executive’s affiliation with the any of the Company Parties (b) of which Executive learns from sources other than the Company Parties, whether prior to or after such information is actually disclosed by any of the Company Parties, or (c) which is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any timetime after the date of this Agreement, either whether before, during his or after Executive’s employment with any of the Corporation or thereafterCompany Parties, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himExecutive, except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the LLC any of the Company Parties; provided that nothing herein shall restrict Executive from disseminating personal knowledge gained during the course of Executive’s employment with the Company Parties after the second anniversary of (i) May 1, 2000, if Executive fails to become an employee of the Company Parties or (ii) the Corporationtermination of Executive’s employment with the Company Parties, to the extent such personal knowledge is not the property of any of the Company Parties. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "“Confidential Information" ” means information that is not generally known to the public and that is used, developed or obtained by any of the LLC, the Corporation, or its Subsidiaries Company Parties in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, analysis (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination. Notwithstanding the foregoing, “Confidential Information” shall not include any information (a) of which Executive became aware prior to Executive’s affiliation with the any of the Company Parties (b) of which Executive learns from sources other than the Company Parties, whether prior to or after such information is actually disclosed by any of the Company Parties, or (c) which is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his employment with the Corporation Company and its Subsidiaries or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC Company and its Subsidiaries, or to the Corporationextent such disclosure is expressly addressed by and is permissible under the confidentiality provisions set forth in the Equity Purchase Agreement. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential InformationCONFIDENTIAL INFORMATION" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, Company or its Subsidiaries in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his employment with the Corporation Company and its Subsidiaries or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC Company and its Subsidiaries, or to the Corporationextent such disclosure is expressly addressed by and is permissible under the confidentiality provisions set forth in the Equity Purchase Agreement. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential InformationCONFIDENTIAL INFORMATION" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, Company or its Subsidiaries in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in com- bination.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his Executive’s employment with the Corporation Company or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himExecutive, except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the LLC or Company; provided that nothing herein shall restrict Executive from disseminating personal knowledge gained during the Corporationcourse of Executive’s employment with the Company after the second anniversary of the termination of Executive’s employment with the Company to the extent such personal knowledge is not the property of the Company. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "“Confidential Information" ” is defined by O.C.G.A. §13-8-51(3) and means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, or its Subsidiaries Company in connection with their its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof Exhibit 10.3 features constituting such information have been publishedpublished in combination. Notwithstanding the foregoing, “Confidential Information” shall not include any information (a) of which Executive became aware prior to Executive’s affiliation with the Company (b) of which Executive learns from sources other than the Company, whether prior to or after such information is actually disclosed by the Company, or (c) which is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his Executive’s employment with the Corporation Company or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himExecutive, except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the LLC or Company; provided that nothing herein shall restrict Executive from disseminating personal knowledge gained during the Corporationcourse of Executive’s employment with the Company after the second anniversary of the termination of Executive’s employment with the Company to the extent such personal knowledge is not the property of the Company. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "“Confidential Information" ” is defined by O.C.G.A. §13-8-51(3) and means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, or its Subsidiaries Company in connection with their its business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall Exhibit 10.1 not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination. Notwithstanding the foregoing, “Confidential Information” shall not include any information (a) of which Executive became aware prior to Executive’s affiliation with the Company (b) of which Executive learns from sources other than the Company, whether prior to or after such information is actually disclosed by the Company, or (c) which is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his employment with the Corporation Company and its Subsidiaries or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC Company and its Subsidiaries, or to the Corporationextent such disclosure is expressly addressed by and is permissible under the confidentiality provisions set forth in the Equity Purchase Agreement. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential InformationCONFIDENTIAL INFORMATION" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, Company or its Subsidiaries in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in com bination.

Nondisclosure and Nonuse of Confidential Information. Executive Consultant acknowledges that during the course of his engagement for services performed both prior to the effective date of this Agreement and during this Agreement, he will acquire Confidential Information, as defined below. Consultant shall not willfully disclose or use at any time, either during his employment consulting period with the Corporation PMC or its Subsidiaries or thereafter, any Confidential Information (as defined below) of which Executive Consultant is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by ExecutiveConsultant's performance of duties assigned to Executive Consultant by the LLC PMC or the Corporationits Subsidiaries. Executive Consultant shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, PMC or its Subsidiaries in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive Consultant proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination.

Nondisclosure and Nonuse of Confidential Information. Executive ---------------------------------------------------- shall not willfully disclose or use at any time, either during his employment with the Corporation Company or its Subsidiaries or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC Company or the Corporationits Subsidiaries. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential Information" means information that is not ------------------------ generally known to the public and that is used, developed or obtained by the LLC, the Corporation, Company or its Subsidiaries in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiii) all technology and trade secrets, (xiv) strategic plans, business plans, budgets plans and financial models, and (xv) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination.

Nondisclosure and Nonuse of Confidential Information. Executive shall ---------------------------------------------------- not willfully disclose or use at any time, either during his employment with the Corporation or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC Corporation or is required by law. In addition, the CorporationExecutive acknowledges that some Confidential Information will contain material, non- public information (within the meaning of the federal securities laws) that may remain material and non-public for an extended period of time. You are aware that the Federal securities laws impose restrictions on trading by persons in possession of non-public information and agree to comply with such restrictions. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, or its Subsidiaries Corporation in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiii) all technology and trade secrets, (xiv) strategic plans, potential acquisitions, business plans, budgets and financial models, and (xv) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLCCorporation, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or published in a form generally available to the public prior to the date Executive proposes to disclose discloses or use uses such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof have been published.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his employment with the Corporation Company or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC or the CorporationCompany, or to the extent such disclosure is permissible under the confidentiality provisions set forth in the Stock Purchase Agreement. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the CorporationCompany, or its Subsidiaries in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination. Notwithstanding the foregoing, "Confidential Information" shall not include any information of which (a) Executive became aware prior to his affiliation with the Company and the LLC, (b) Executive learns from sources other than the LLC, the Company or its Subsidiaries, whether prior to or after such information is actually disclosed by the LLC, the Company or its Subsidiaries or (c) is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. Executive Employee shall not willfully disclose or use at any time, either during his employment with the Corporation Company or his Secondment to CompleTel Europe or thereafter, any Confidential Information (as defined below) of which Executive Employee is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by ExecutiveEmployee's performance of duties assigned to Executive Employee by the LLC Company or the CorporationCompleTel Europe. Executive Employee shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, Company or its Subsidiaries CompleTel Europe in connection with their businessbusinesses, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive Employee proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his Executive’s employment with any of the Corporation Company Parties or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himExecutive, except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the LLC or any of the CorporationCompany Parties; provided that nothing herein shall restrict Executive from disseminating personal knowledge gained during the course of Executive’s employment with the Company Parties after the second anniversary of the termination of Executive’s employment with the Company Parties to the extent such personal knowledge is not the property of any of the Company Parties. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "“Confidential Information" ” means information that is not generally known to the public and that is used, developed or obtained by any of the LLC, the Corporation, or its Subsidiaries Company Parties in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination. Notwithstanding the foregoing, “Confidential Information” shall not include any information (a) of which Executive became aware prior to Executive’s affiliation with the any of the Company Parties (b) of which Executive learns from sources other than the Company Parties, whether prior to or after such information is actually disclosed by any of the Company Parties, or (c) which is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his employment with the Corporation Company or his Secondment to CompleTel Europe or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC Company or the CorporationCompleTel Europe. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, Company or its Subsidiaries CompleTel Europe in connection with their businessbusinesses, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination.

Nondisclosure and Nonuse of Confidential Information. Executive shall not willfully disclose or use at any time, either during his Executive’s employment with any of the Corporation Company Parties or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by himExecutive, except to the extent that such disclosure or use is directly related to and required by Executive's ’s performance of duties assigned to Executive by the LLC or any of the CorporationCompany Parties; provided that nothing herein shall restrict Executive from disseminating personal knowledge gained during the course of Executive’s employment with the Company Parties after the second anniversary of the termination of Executive’s employment with the Company Parties to the extent such personal knowledge is not the property of any of the Company Parties. Executive shall take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in this Agreement, the term "“Confidential Information" ” means information that is not generally known to the public and that is used, developed or obtained by any of the LLC, the Corporation, or its Subsidiaries Company Parties in connection with their business, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs photographs. and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers and clients and customer or client lists, (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xivxv) strategic plans, business plans, budgets plans and financial models, and (xvxvi) all similar and related information in whatever form. Notwithstanding the foregoing, "Confidential Information" Information shall not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the to the public prior to the date Executive proposes to disclose or use such information. Information shall not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination. Notwithstanding the foregoing, “Confidential Information” shall not include any information (a) of which Executive became aware prior to Executive’s affiliation with the any of the Company Parties (b) of which Executive learns from sources other than the Company Parties, whether prior to or after such information is actually disclosed by any of the Company Parties, or (c) which is disclosed in a prospectus or other documents for dissemination to the public.

Nondisclosure and Nonuse of Confidential Information. Executive shall will not willfully disclose or use at any time, either during his employment with the Corporation Company or thereafter, any Confidential Information (as defined below) of which Executive is or becomes aware, whether or not such information is developed by him, except as required by applicable law and except to the extent that such disclosure or use is directly related to and required by Executive's performance of duties assigned to Executive by the LLC Board, the Management Board of ComCor-TV, the Chief Executive Officer of the Company or the CorporationChairman of the Management Board of ComCor-TV, as applicable. Executive shall will take all appropriate steps to safeguard Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. As used in For purposes of this Agreement, the term "Confidential Information" means information that is not generally known to the public and that is used, developed or obtained by the LLC, the Corporation, Company or its Subsidiaries ComCor-TV in connection with their businessbusinesses, including but not limited to (i) products or services, (ii) fees, costs and pricing structures, (iii) designs, (iv) analysis, (v) drawings, photographs and reports, (vi) computer software, including operating systems, applications and program listings, (vii) flow charts, manuals and documentation, (viii) data bases, (ix) accounting and business methods, (x) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xi) customers customer and clients and client information (including customer or client lists), (xii) copyrightable works, (xiiixiv) all technology and trade secrets, (xiv) strategic plans, business plans, budgets and financial models, and (xv) all similar business plans and related information in whatever formfinancial models. Notwithstanding the foregoing, "Confidential Information" shall Information does not include any information (A) of which Executive became aware prior to his affiliation with the Corporation and the LLC, (B) of which Executive learns from sources other than the LLC, the Corporation or its Subsidiaries or (C) which is disclosed in a prospectus or other documents for dissemination to the public or that has been published in a form generally available to the public prior to the date Executive proposes to disclose or use such information. Information shall will not be deemed to have been published merely because individual portions of the information have been separately published, but only if all material portions thereof features constituting such information have been publishedpublished in combination.