On or before the expiration of the period during which Services will be provided under this Agreement, Mr. Stephenson shall return to Company all of Companys and Company Affiliates documents (and all copies thereof) and other property that are in Mr. Stephensons possession, including, but not limited to, files, notes, drawings, records, business plans and forecasts, financial information, specifications, all product specifications, customer identity information, product development information, source code information, object code information, tangible property (including, but not limited to, computers), intellectual property, credit cards, entry cards, and keys; and, any materials of any kind, including, without limitation, any such documents and other property of Company and/or a Company Affiliate in electronic form, or any computer or data storage device, which contain or embody Trade Secrets or Confidential Information. Mr. Stephenson shall not retain or provide to anyone else any copies, summaries, abstracts, descriptions, compilation, or other representations of such information or things or their contents.
Trade Secret means information proprietary to Company and/or Company Affiliates, including, but not limited to, technical or non-technical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, marketing plans, pricing plans, advertising and sponsorship plans, product development analyses or plans, any plans involving the combination of Companys or a Company Affiliates products, services, or pricing with products or services offered or to be offered by or in conjunction with Company and/or a Company Affiliate, or lists of actual or potential customers or suppliers which (1) 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 (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Confidential Information means this Agreement and any data or information, other than Trade Secrets, that is competitively sensitive to Company or a Company Affiliate, not generally known by the public, and the subject of efforts that are reasonable under the circumstances to maintain its secrecy. To the extent consistent with the foregoing definition, Confidential Information includes, without limitation: (1) the sales records, profit and performance records, pricing manuals, sales manuals, training manuals, selling and pricing procedures, and financing methods of Company and/or a Company Affiliate, (2) customer lists, the special demands of particular customers, and the current and anticipated requirements of customers for the products and services of Company or a Company Affiliate, (3) the specifications of any new products or services under development by Company and/or a Company Affiliate, (4) the sources of supply for integrated components and materials used for production, assembly, and packaging by Company and/or a Company Affiliate, and the quality, prices, and usage of those components and materials, and (5) the business plans, marketing strategies, promotional and advertising strategies, branding strategies, and internal financial statements and projections of Company and/or a Company Affiliate.
Notwithstanding the definitions of Trade Secrets and Confidential Information set forth above, Trade Secrets and Confidential Information shall not include any information: (1) that is or becomes generally known to the public, (2) that is developed by Mr. Stephenson after the period during which Services will be performed under this Agreement and that is developed through his entirely independent efforts without use of any Trade Secret or Confidential