7. Confidential Information.
(a) Employee understands and acknowledges, that by virtue of his position with the Company he has, and will have, access to certain Confidential Information (as defined below), the disclosure or use of which would damage the Company and is or may be prohibited by applicable law.
(b) Confidential Information shall mean any and all information however delivered or received by the Employee, including but not limited to know-how, proprietary information, non-public information, trade secrets, disclosed to the Employee or known by Employee as a consequence of or through his employment by the Company concerning the Company. Further, Confidential Information shall include, but is not limited to, computer programs; inventions (whether patented or not), discoveries or improvements; marketing, manufacturing, or organizational research and development, or business plans; sales forecasts; manufacturing techniques; strategic plans and programs; pricing and financial information; current and prospective customer lists and information on customers or their employees; information concerning planned or pending acquisitions or divestitures; and information concerning purchases of major equipment or property.
(c) During the Employment Term and at all times thereafter, the Employee shall maintain the Confidential Information in strictest confidence and shall not, other than as required by law, without the prior written consent of the Company, use for his own benefit or that of any third party other than the Company, any Confidential Information. Notwithstanding anything to the contrary herein contained, it is agreed and understood that the Confidential Information shall not include information which, following the Employment Term: (i) is in or thereafter enters the public domain through no fault of the Employee or (ii) is obtained by Employee from a third party having the legal right to use and disclose the same.
(d) Employee recognizes and acknowledges that the Confidential Information constitutes valuable, special and unique assets of the Company. Accordingly, during and at all times following the Employment Term, the Employee shall not, directly or indirectly, disclose, disseminate, publish or use, or permit the disclosure, dissemination, publishing, or use, of the Confidential Information and/or any part thereof to or for himself or any other person, firm, corporation, association or any other entity for any reason or any purpose whatsoever, except as may be required in the proper discharge of Employees duties pursuant to the terms of this Agreement, or except as may be required by a court or law (by oral questions, interrogatories, requests for information or documents subpoena, civil investigative demand or similar process) pursuant to litigation pursued by a person or entity other than the Employee, which disclosure may be made after prior written notice to the Company given as soon as practicable following the Employees receipt of the request for information.
(e) The Employee agrees that all files, letters, memoranda, reports, records, data, sketches, drawings, program listings, Confidential Information, and the like, or other written, photographic, or other tangible material containing Confidential Information, whether created by the Employee or others, which shall come into his custody or possession, shall be and are the exclusive property of the Company to be used by the Employee only in the performance of his duties for the Company. All such materials or copies thereof and all tangible property of