Executive shall certify in writing to ESCO that all such Confidential Information has been returned and/or purged.
(c) For purposes of this Agreement, "Confidential Information" means all financial, technical and business information that is not generally in the public domain regarding:
i. the installation, operation, usage, maintenance, repair, marketing, design, construction, function, performance, composition, and specifications of ESCO’s or any subsidiaries, or affiliates’ current and future products and components for such products along with computer code, software, firmware or related documentation as well as technical, financial (e.g. unit prices), or product road map information related to any of the foregoing;
ii. the intellectual property of ESCO, or any subsidiary or affiliate such as patent application, inventions, or trade secrets;
iii. the financial performance or prospects of ESCO, or any subsidiary, or affiliate along with any other material, non-public information as defined by relevant insider trading statutes or SEC regulations;
iv. customer contacts, customer requirements, or system performance; and
v. any other information of ESCO, or any subsidiary or affiliate which:
A. derives economic value, actual or potential, from not being generally known to or readily ascertainable by other persons who can obtain economic value from the disclosure or use of the information; and
B. is the subject of efforts by the ESCO or its subsidiary or affiliate that are reasonable under the circumstances to maintain the secrecy of the information.
(d) The parties hereto stipulate that the protection of Confidential Information is important to the successful conduct of the business of ESCO, and their respective subsidiaries and affiliates, and their goodwill, and any breach of any term of this section is a material breach of Agreement.
9.2 ESCO Property. All equipment, notebooks, documents, presentations, briefings, programs, data, memoranda, reports, files, samples, books, correspondence, lists, software, other records, whether in tangible or intangible form, and the like, affecting or relating to the business of ESCO, and their respective subsidiaries and affiliates, which Executive shall have prepared, used, constructed, observed, received, possessed or controlled during employment with ESCO (collectively “Property”), shall be and remain the sole property of ESCO, and their respective subsidiaries and affiliates, as the case may be, and shall be returned to an ESCO Representative upon termination of employment or earlier request of an ESCO Representative.
9.3 Nonsolicitation. During the period commencing on the Effective Date and ending two (2) years following the termination of Executive’s employment for any reason, the Executive