Common use of Trade Secrets Clause in Contracts

Trade Secrets. The term "Trade Secrets" shall mean information of the Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Smartdisk Corp), Asset Purchase Agreement (Atlantis Plastics Inc), Asset Purchase Agreement (Armitec Inc)

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Trade Secrets. The term "Trade Secrets" shall mean information of the Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Identive Group, Inc.), Amended and Restated Agreement and Plan of Merger (GenuTec Business Solutions, Inc.), Amended and Restated Agreement and Plan of Merger (GenuTec Business Solutions, Inc.)

Trade Secrets. a. The term "Trade Secrets" shall mean Secret“ as used in this Agreement means information of the Company including, but not limited to, technical or nontechnical non-technical data,, formulasa formula, patternsa pattern, compilationsa compilation, programsa program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or service plans or lists a list of actual or potential customers or suppliers suppliers, which (i) derives economic value, actual is intended for use in a trade or potential, from business and is not being generally commonly known to, by or available to the public and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.which information:

Appears in 3 contracts

Samples: Employment Agreement (American Doctors Online Inc), Employment Agreement (American Doctors Online Inc), Chief Financial Officer Agreement (American Doctors Online Inc)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company including, but not limited to, technical or nontechnical non-technical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons Persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Watsco Inc), Purchase and Contribution Agreement (Watsco Inc), Purchase and Contribution Agreement (Watsco Inc)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company Sellers including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Colonial Commercial Corp), Asset Purchase Agreement (Colony Bankcorp Inc)

Trade Secrets. The term "Trade SecretsTRADE SECRETS" shall mean information of the Company ------------- ------------- Spectrum including, but not limited to, technical or nontechnical non-technical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Spectrum Sciences & Software Holdings Inc), Agreement and Plan of Merger (Spectrum Sciences & Software Holdings Inc)

Trade Secrets. The As used herein, the term "Trade Secrets" Secret” shall mean information of the Company includinginformation, including but not limited to, technical or nontechnical data, formulasa formula, patternspattern, compilationscompilation, programsprogram, financial datadevice, financial plansmethod, product technique or service plans or lists of actual or potential customers or suppliers which process, that: (ia) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, by other persons who can obtain economic value from its disclosure or use, ; and (iib) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 2 contracts

Samples: Employment Agreement (Funko, Inc.), Employment Agreement (Funko, Inc.)

Trade Secrets. The term "Trade Secrets" shall mean means all information possessed by or developed for Company, including, without limitation, a compilation, program, device, method, system, technique, formula, pattern, or process to which all of the Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which following apply: (i) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) the information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances to maintain its secrecycircumstances.

Appears in 2 contracts

Samples: Contractor/Subcontractor Agreement, Subcontractor Agreement

Trade Secrets. The term "Trade Secrets" shall mean information of the Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which Information which: (ia) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, ; and (iib) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Correx Services Agreement (TRX Inc/Ga)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons Persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Asset Purchase Agreement (Heico Corp)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which each Owner acknowledges and agrees is economically valuable and which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Roadrunner Transportation Systems, Inc.)

Trade Secrets. The term "As it is used in this Agreement, a “Trade Secrets" shall mean Secret” means information of the Company includingPurchaser, but not limited toincluding a formula, technical pattern, compilation, program, device, method, technique or nontechnical dataprocess, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which that: (i1) derives independent economic value, actual or potential, from not being generally known to, to and not being readily ascertainable by proper means by, by other persons who can obtain economic value from its disclosure or use, ; and (ii2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Solar Energy Power Purchase Agreement

Trade Secrets. The term "Trade Secrets" shall mean information of the Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers suppliers, which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Capital Increase and Equity Subscription (Regal Life Concepts, Inc.)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company Company, including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans plans, or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons Persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Asset Purchase Agreement (Smith & Wesson Holding Corp)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company Seller to the extent related to the Business including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Asset Purchase Agreement (Kulicke & Soffa Industries Inc)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (ia) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons Persons who can obtain economic value from its disclosure or use, and (iib) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Neogenomics Inc)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company and/or the Surviving Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Merger Agreement (Kanbay International Inc)

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Trade Secrets. The term "Trade Secrets" shall mean means all information possessed by or developed for Company, including, without limitation, a product, compilation, program, device, method, system, technique, formula, pattern, process, or Accounts to which all of the Company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which following apply: (i) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) the information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances to maintain its secrecycircumstances.

Appears in 1 contract

Samples: Independent Contractor Agreement

Trade Secrets. The term "Trade Secrets" shall mean information of the Company Entities including, but not limited towithout limitation, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (ia) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (iib) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Energizer Holdings, Inc.)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company a company including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Stock Exchange Agreement (Solar Thin Films, Inc.)

Trade Secrets. The term "Trade Secrets" trade secrets as referred herein shall mean technical and business information of that is unknown to the Company includingpublic, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives can bring economic value, actual or potential, from not being generally known to, benefits to its owner and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or has practical use, and (ii) the confidentiality of which is the subject of efforts that are reasonable under the circumstances to maintain maintained by its secrecyowner.

Appears in 1 contract

Samples: Employment Agreement (Qiao Xing Mobile Communication Co., Ltd.)

Trade Secrets. The term "Trade Secrets" Secrets shall mean information of the Company includingall proprietary information, but not limited to, technical or nontechnical data, including formulas, patterns, compilations, programs, financial datadevices, financial plansmethods, product techniques or service plans or lists of actual or potential customers or suppliers which (i) processes that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons Persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecyall whether now owned or hereafter owned by any Person.

Appears in 1 contract

Samples: Security Agreement (Welund Fund Inc)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company Companies including, but not limited towithout limitation, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (ia) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (iib) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Stock Purchase Agreement (Forward Air Corp)

Trade Secrets. The term "Trade Secrets" shall mean information of the Company means information, without regard to form, including, but not limited to, technical a formula, model, pattern, compilation, program, method, technique, or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which process that: (i1) derives Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, ; and (ii2) is Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: f01.justanswer.com

Trade Secrets. The term "As used herein, “Trade Secrets" shall mean information of ” includes certain Confidential Information and means, as provided in the Company includingUniform Trade Secrets Act (Civil Code §3426.1(d)), but not limited towithout limitation, technical information, including a formula, pattern, compilation, program, device, method, technique, or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which process that (ia) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, to the public or to other persons who can obtain economic value from its disclosure or use, and (iib) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Confidentiality Agreement

Trade Secrets. The term "Trade Secrets" shall mean information of the Company information, including, but not limited to, technical or nontechnical data, formulas, patterns, compilations, programs, financial data, financial plans, product or service plans or lists of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons Persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Purchase Agreement (Interdent Inc)

Trade Secrets. The term "A “Trade Secrets" shall mean Secret” is defined as information of the Company Company, without regard to form, including, but not limited to, technical or nontechnical data, formulasa formula, patternspattern, compilationscompilation, programsprogram, financial datadevice, financial plansmethod, product technique, drawing or service plans or lists of actual or potential customers or suppliers which process, (i) that derives independent economic value, actual or potential, from not being generally known to, and not being to or readily ascertainable through appropriate means by proper means by, other persons who can might obtain economic value from its disclosure or use, ; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Appears in 1 contract

Samples: Non Disclosure Agreement

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