Common use of Trade Secrets and Confidential Information/Company Property Clause in Contracts

Trade Secrets and Confidential Information/Company Property. Executive agrees at all times hereafter to hold in the strictest confidence, and not to use or disclose to any person or entity, any Confidential Information of the Company Group, subject to the “Protected Activity Not Prohibited” Section below. Executive understands that “Confidential Information” means any Company Group or associated third party proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company Group on whom Executive has called or with whom Executive became acquainted during the term of Executive’s employment), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to Executive by the Company Group either directly or indirectly, in writing, orally, or by drawings or observation of parts or equipment. Executive further understands that Confidential Information does not include any of the foregoing items that have become publicly known and made generally available through no wrongful act of Executive’s or of others who were under confidentiality obligations as to the item or items involved or improvements or new versions thereof. Further, Confidential Information does not include general knowledge, skill, and experience Executive has acquired during the course of or in connection with Executive’s employment with the Company or a former employer. Executive hereby grants consent to notification by a Company Group member to any new employer about Executive’s obligations under this Section. Executive represents that Executive has not to date misused or disclosed Confidential Information to any unauthorized party. Executive’s signature below constitutes Executive’s certification under penalty of perjury that Executive has returned all documents and other items provided to Executive by the Company (with the exception of a copy of the Company’s employee handbook and personnel documents specifically relating to Executive), developed or obtained by Executive in connection with Executive’s employment with the Company, or otherwise belonging to the Company or any other member of the Company Group.

Appears in 2 contracts

Samples: Separation Agreement and Release (Meta Materials Inc.), Separation Agreement and Release (Meta Materials Inc.)

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Trade Secrets and Confidential Information/Company Property. Executive Employee agrees at all times hereafter to hold in the strictest confidence, and not to use or disclose to any person or entity, any Confidential Information of the Company Group, subject to the “Protected Activity Not Prohibited” Section belowCompany. Executive Employee understands that “Confidential Information” means any Company Group or associated third party proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company Group on whom Executive Employee has called or with whom Executive Employee became acquainted during the term of ExecutiveEmployee’s employment), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to Executive Employee by the Company Group either directly or indirectly, in writing, orally, or by drawings or observation of parts or equipment. Executive Employee further understands that Confidential Information does not include any of the foregoing items that have become publicly known and made generally available through no wrongful act of ExecutiveEmployee’s or of others who were under confidentiality obligations as to the item or items involved or improvements or new versions thereof. Further, Confidential Information does not include general knowledge, skill, and experience Executive has acquired during the course of or in connection with Executive’s employment with the Company or a former employer. Executive Employee hereby grants consent to notification by a the Company Group member to any new employer about ExecutiveEmployee’s obligations under this Sectionsection. Executive Employee represents that Executive Employee has not to date misused or disclosed Confidential Information to any unauthorized party. ExecutiveEmployee’s signature below constitutes ExecutiveEmployee’s certification under penalty of perjury that Executive Employee has returned all documents and other items provided to Executive Employee by the Company (with the exception of a copy of the Company’s employee handbook and personnel documents specifically relating to Executive), developed or obtained by Executive Employee in connection with ExecutiveEmployee’s employment with the Company, or otherwise belonging to the Company or any other member (with the exception of a copy of the Company GroupEmployee Handbook and personnel documents specifically relating to Employee).

Appears in 1 contract

Samples: Separation Agreement and Release (MedAvail Holdings, Inc.)

Trade Secrets and Confidential Information/Company Property. Executive Employee agrees at all times hereafter to hold in the strictest confidence, and not to use or disclose to any person or entity, any Confidential Information of the Company Group, subject to the “Protected Activity Not Prohibited” Section belowCompany. Executive Employee understands that “Confidential Information” means any Company Group or associated third party proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company Group on whom Executive Employee has called or with whom Executive Employee became acquainted during the term of ExecutiveEmployee’s employment), contracts, leases, payroll and other employee information, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or strategic plans, corporate procedures and policies, and other business information disclosed to Executive by the Company Group either directly or indirectly, in writing, orally, or by drawings or observation of parts or equipmentbusiness. Executive Employee further understands that Confidential Information does not include any of the foregoing items that have become publicly known and made generally available through no wrongful act of ExecutiveEmployee’s or of others who were under confidentiality obligations as to the item or items involved or improvements or new versions thereof. Further, Confidential Information does not include general knowledge, skill, and experience Executive has acquired during the course of or in connection with Executive’s employment with the Company or a former employer. Executive Employee hereby grants consent to notification by a the Company Group member to any new employer about ExecutiveEmployee’s obligations under this Sectionsection. Executive Employee represents that Executive Employee has not to date misused or disclosed Confidential Information to any unauthorized party. ExecutiveEmployee’s signature below constitutes ExecutiveEmployee’s certification under penalty of perjury that Executive Employee has returned all documents and other items provided to Executive Employee by the Company, developed or obtained by Employee in connection with Employee’s Exhibit 10.2 employment with the Company, or otherwise belonging to the Company (with the exception of a copy of the Company’s employee handbook Employee Handbook and personnel documents specifically relating to ExecutiveEmployee), developed or obtained by Executive in connection with Executive’s employment with the Company, or otherwise belonging to the Company or any other member of the Company Group.

Appears in 1 contract

Samples: Separation Agreement and Release (MedAvail Holdings, Inc.)

Trade Secrets and Confidential Information/Company Property. Executive agrees at all times hereafter to hold in the strictest confidence, and not to use or disclose to any person or entity, any Confidential Information of the Company Groupand, subject if applicable, to continue to abide by the “Protected Activity Not Prohibited” Section belowterms of the PIIA. Executive understands that “Confidential Information” means any Company Group or associated third party proprietary information“Proprietary Information” (as defined in the PIIA), technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company Group on whom Executive has called or with whom Executive became acquainted during the term of Executive’s employment), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to Executive by the Company Group either directly or indirectly, in writing, orally, or by drawings or observation of parts or equipment. Executive further understands that Confidential Information does not include any of the foregoing items that have become publicly known and made generally available through no wrongful act of Executive’s or of others who were under confidentiality obligations as to the item or items involved or improvements or new versions thereof. Further, Confidential Information does not include general knowledge, skill, and experience Executive has acquired during the course of or in connection with Executive’s employment with the Company or a former employer. Executive hereby grants consent to notification by a the Company Group member to any new employer about Executive’s obligations under this Sectionparagraph. Executive represents that Executive has not to date misused or disclosed Confidential Information to any unauthorized party. Executive’s signature below constitutes Executive’s certification under penalty of perjury that Executive has returned all documents and other items provided to Executive by the Company (with the exception of a copy of the Company’s employee handbook and personnel documents specifically relating to Executive), developed or obtained by Executive in connection with Executive’s employment with the Company, or otherwise belonging to the Company or any other member of the Company GroupCompany.

Appears in 1 contract

Samples: Separation Agreement and Release of Claims (Core Scientific, Inc./Tx)

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Trade Secrets and Confidential Information/Company Property. Executive agrees at all times hereafter to hold in the strictest confidence, and not to use or disclose to any person or entity, any Confidential Information of the Company Group, subject to the “Protected Activity Not Prohibited” Section belowCompany. Executive understands that “Confidential Information” means any Company Group or associated third party proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company Group on whom Executive has called or with whom Executive became acquainted during the term of Executive’s employment), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed to Executive by the Company Group either directly or indirectly, in writing, orally, or by drawings or observation of parts or equipment. Executive further understands that Confidential Information does not include any of the foregoing items that have become publicly known and made generally available through no wrongful act of Executive’s or of others who were under confidentiality obligations as to the item or items involved or improvements or new versions thereof. Further, Confidential Information does not include general knowledge, skill, and experience Executive has acquired during the course of or in connection with Executive’s employment with the Company or a former employer. Executive hereby grants consent to notification by a the Company Group member to any new employer about Executive’s obligations under this Sectionsection. Executive represents that Executive has not to date misused or disclosed Confidential Information to any unauthorized party. Executive acknowledges that the Company will not enforce the post-employment non-solicitation restrictions in the Confidentiality Agreement; provided, however, that Executive remains bound by all other continuing obligations under the Confidentiality Agreement, including Executive’s confidentiality obligations thereof. Executive’s signature below constitutes Executive’s certification under penalty of perjury that Executive has returned all documents and other items provided to Executive by the Company (with the exception of a copy of the Company’s employee handbook and personnel documents specifically relating to Executive), developed or obtained by Executive in connection with Executive’s employment with the Company, or otherwise belonging to the Company or any other Company, except as stated herein. Specifically, Executive may retain a copy of the Employee Handbook and personnel documents specifically relating to Executive. In addition, during the period in which Executive continues to serve as a member of the Board or is otherwise a Company Groupservice provider, subject to his continuing obligations under the Confidentiality Agreement (as amended herein) and this Agreement, applicable Company security and cybersecurity policies as may be amended or adopted from time to time, and other applicable legal obligations, Executive will: (i) have access to, and may continue using, his Company-provided email account, (ii) retain his Company-issued desktop computer and have continued access to the Company’s Active Directory Controlled Network accessible folder, and (iii) retain his Company-issued phone and phone number.

Appears in 1 contract

Samples: Separation Agreement and Release (Viracta Therapeutics, Inc.)

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