Return of Property Contract Clauses (750)

Return of Property. Within 30 days of the expiration or earlier termination of this Agreement, the Consultant shall return to the Company, retaining no copies or notes, all Company products, samples, models, property, and documents relating to the Company's business including reports, abstracts, lists, correspondence, information, computer files, computer disks, and other materials and copies of those materials obtained by the Contractor during and in connection with his work with the Company. All files, records, d...ocuments, blueprints, specifications, information, letters, notes, media lists, original artwork or creative work, notebooks, and similar items relating to the Company's business, whether prepared by the Consultant or by others, remain the Company's exclusive property. 4 10. INDEMNIFICATION. (a) Consultant's Indemnification of Company. At all times after the Effective Date of this Agreement, the Consultant shall indemnify the Company and its shareholders, directors, officers, employees, affiliates, successors, and assigns (collectively, the "Company Indemnitees") from all damages, liabilities, expenses, claims, or judgments (including interest, penalties, reasonable attorneys' fees, accounting fees, and expert witness fees) (collectively, the "Claims") that any Company Indemnitee may incur and that arise from: (i) the Consultant's gross negligence or willful misconduct arising from the Contractor's carrying out of his obligations under this Agreement; (ii) the Consultant's breach of any of his obligations or representations under this Agreement; or (iii) the Consultant's breach of his express representation that he is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. If a regulatory body or court of competent jurisdiction finds that the Consultant is not an independent contractor or is not in compliance with applicable laws related to work as an independent contractor, based on the Consultant's own actions, the Consultant will assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Consultant or the Company resulting from that contrary interpretation, including taxes, assessments, and penalties that would have been deducted from the Consultant's earnings if the Consultant had been on the Company's payroll and employed as a Company employee. (b) Company's Indemnification of Consultant. At all times after the effective date of this Agreement, the Company shall indemnify the Consultant and his employees, agents, successors, and assigns (collectively, the "Consultant Indemnitees") from all Claims that the Consultant Indemnitees may incur arising from: (i) the Company's operation of its business; or (ii) the Company's breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party; or (iii) the Company's breach of any of its obligations or representations under this Agreement. However, the Company is not obligated to indemnify the Consultant if any of these Claims result from the Consultant's own actions or inactions. View More

Return of Property. No later than 5:00p.m. on the Separation Date, Employee shall provide to Andre Williams, Executive Vice President Human Resources, any and all originals and copies in Employee's possession, custody, or control of any and all Corporation property, including but not limited to keys, key cards, files and records, documents, electronically stored information or writings, software, computer hardware, printers, wireless handled devices, phones, identification cards, credit cards, and any material of a...ny kind that contain confidential information of the Corporation or its customers or clients ("Company Property"). Employee shall not make, retain, or transfer to any third party any copies of Company Property. Should Employee inadvertently retain and later realize that Employee has retained any such Corporation Property, Employee shall notify and return such Corporation Property to the Corporation within two (2) calendar days of Employee's discovery. Notwithstanding the foregoing, Employee may retain his Employer issued company issued computer, ipad, cell phone and cell phone number provided Employee first delivers his cell computer, ipad and phone to the Corporation for the removal of all Corporation data. No later than five (5) business days after the Effective Date, Employee will complete, execute and deliver to the cell phone service provider such documents as may be required to affect the transfer of the cell phone service, cell phone and cell phone number to Employee. View More

Return of Property. You agree that you will promptly return to the Company all property belonging to the Company, including but not limited to all proprietary and/or confidential information and documents (including any copies thereof) in any form belonging to the Company, cell phone, Blackberry, beeper, keys, card access to the building and office floors, Employee Handbook, phone card, computer user name and password, disks and/or voicemail code. You further acknowledge and agree that the Company will have no obli...gation to provide the Consideration referred to in paragraph 2 above unless and until you have satisfied all your obligations pursuant to this paragraph. View More

Return of Property. You represent that you have returned or agree that you will return to the Company on or before the Effective Date of this Agreement any and all Company property in your possession or control, including, but not limited to, the Company car currently in your possession, a 2014 Maserati Ghibli, VIN No. ZAH57X5A6E1108510, all keys, credit cards, computers, cellular telephones, and other personal items or equipment provided to you by the Company for use during your employment, together with all writt...en or recorded materials, documents, computer discs, plans, records, notes, files, drawings, or papers, and any copies thereof, relating to the affairs of the Company, including all notes or records relating to clients of the Company. Any severance benefits payable under this Agreement will not be paid until after you have returned all Company property in your possession. 3 8.Confidentiality. You agree that you will keep the terms, amount, and fact of this Agreement completely confidential, and that, except as required by law, as necessary for the enforcement of this Agreement, or as authorized in writing by the Company, you will not hereafter disclose any information concerning this Agreement to anyone other than your immediate family and professional representatives who will be informed by you of, and must agree to be bound by, this confidentiality clause before you disclose any information about this Agreement to them. ·The following language is added to Section 1: (d) "Competitive Business" shall mean the development, construction, acquisition, sale, marketing or management of facilities whose primary function and purpose is student housing and/or the provision of third party student housing services to providers of student housing. and (j) "Services" shall mean (a) providing managerial, operational or executive-level oversight, (b) providing strategic guidance, (c) providing any additional services of the type that Executive performed for Company. You acknowledge and agree that these are the services that you performed for the Company. ·Section 4 is amended to read as follows: You covenant and agree that during the Restricted Period, in any State of the United States of America in which the Company conducts business, has purchased or is under contract to purchase real estate to conduct business, or has identified specific sites as potential future development opportunities, you shall not, directly or indirectly whether individually or as a principal, partner, officer, director, consultant contractor, employee, stockholder or manager of any person, partnership, corporation limited liability company or any other entity provide Services for a Competitive Business. 4 ·The following language is added as the last sentence of Section 5: This provision (ii) applies to those persons, concerns, or entities that were actual or potential customers or suppliers of the Company during the time period of Executive's employment with the Company and with which Executive or those he supervised had contact on behalf of the Company. Except as otherwise provided in this Agreement, the Employment Agreement that you and the Company entered into effective on or about March 29, 2011, which was amended effective January 1, 2013 is hereby superseded and shall be null and void, effective immediately. View More

Return of Property. You represent that you have returned or agree that you will return to the Company on or before the Effective Date of this Agreement any and all Company property in your possession or control, including, but not limited to all keys, credit cards, computers, cellular telephones, and other personal items or equipment provided to you by the Company for use during your employment, together with all written or recorded materials, documents, computer discs, plans, records, notes, files, drawings, or pa...pers, and any copies thereof, relating to the affairs of the Company, including all notes or records relating to clients of the Company. Any severance benefits payable under this Agreement will not be paid until after you have returned all Company property in your possession. View More

Return of Property. Employee acknowledges that all memoranda, notes, records, reports, manuals, handbooks, drawings, blueprints, books, papers, letter, formulas, client and customer lists, contract, software programs, instruction books, catalogs, information and records, technical manuals and documentation, drafts of instructions, guides and manuals, maintenance manuals, and other documentation (whether in draft or final form), and other information relating to Employer's business, and any and all other documents c...ontaining Proprietary Information furnished to Employee by any representative of Employer or otherwise acquired or developed by Employee in connection with Employee's employment with Employer (collectively, "Recipient Materials") shall at all times be the property of Employer. Prior to leaving Employer's office on the Effective Resignation Date, Employee shall return to Employer any Recipient Materials and any copies thereof which are in Employee's possession, custody or control, including Recipient Materials retained by Employee in Employee's office or automobile or at Employee's home. In addition, Employee acknowledges that Employee will keep confidential all proprietary information of the Employer that Employee had access to while employed by Employer and agrees not to use or disclose such proprietary information without Employer's prior written permission. View More

Return of Property. Executive commits to returning to the Company all Company property, including, without limitation, computer equipment (except for the Dell laptop currently in Executive's possession), software, keys and access cards, credit cards, files and any documents (including computerized data and any copies made of any computerized data or software) containing information concerning the Company, its business or its business relationships, provided Executive may retain the laptop issued to him by the Compa...ny so long as he promptly returns it to Company so that a mirror image of the hard drive may be taken and the device is wiped clean. After returning all such property, Executive commits to deleting and finally purging any duplicates of files or documents that may contain Company or customer information from any non-Company computer or other device that remains Executive's property after the Separation Date. View More

Return of Property. Upon any termination of employment with the Company for any reason, Employee agrees to promptly return to the Company: (a) all materials of any kind in Employee's possession (or under Employee's control) incorporating Confidential Information or otherwise relating to the Company's business (including but not limited to all such materials and/or information stored on any computer or other electronic or other storage device owned or used by Employee); and (b) all Company property in Employee's pos...session, including (but not limited to) computers, cellular telephones, pagers, credit cards, keys, records, files, manuals, books, forms, documents, letters, memoranda, data, tables, photographs, video tapes, audio tapes, computer disks and other computer storage media, all materials that include trade secrets, and all copies, summaries or notes of any of the foregoing. View More

Return of Property. Employee represents that on or before the Separation Date, he shall return all Company property and documents, including copies of any documents, in his possession or control, including without limitation any building keys, laptop computer, personal digital assistant, telephone calling card(s), credit card(s), forms, files, manuals, correspondence, memoranda, notes, e-mail, plans, business records, reports, financial data or records, personnel data, contracts, contract information, training mate...rials, product mix or recipes, lists of employees, salary and benefits information (except relating to Employee), lists of suppliers and vendors, brochures, catalogs, computer tapes and diskettes or other portable media, computer-readable files and data stored on any hard drive anywhere or other 4 installed or portable device, passwords, data processing reports, reports or recordings in any electronic or physical format, and any and all other documents or property which Employee has obtained by virtue of his employment with the Company. Notwithstanding the foregoing, the Company agrees that Employee shall be entitled to: (1) keep his cell phone and current cell phone number, and the Company will take all steps necessary to effect the transfer to Employee's personal cell phone account; and (2) retain publicly available documents and data, clothing, caps, hunting gear, personal mementos (including but not limited to plaques, rig photographs, deal toys, and corporate giveaways now in his possession), and a list of the mailing addresses of the Company's employees (to be used for holiday cards and other personal contact). Employee will take reasonable steps to return all paper files and delete all electronic files containing non-public Company documents, but the Company acknowledges that, given Employee's tenure with the Company, Employee might later discover documents or data at his residence and/or on his personal computer(s), which he agrees not to use for any purpose and to immediately destroy or delete. View More

Return of Property. You confirm that you have returned to the Company all Company property, including, without limitation, computer equipment, software, keys and access cards, credit cards, files and any documents (including computerized data and any copies made of any computerized data or software) containing information concerning the Company, its business or its business relationships (in the latter two cases, actual or prospective). You also commit to deleting and finally purging any duplicates of files or docu...ments that may contain Company information from any computer or other device that remains your property after the Separation Date. In the event that you discover that you continue to retain any such property, you shall return it to the Company immediately. Paul Goetz July 9, 2015 Page 4 7. Confidential Information. You understand and agree that you have been employed in a position of confidence and trust and have had access to information concerning the Company that the Company treats as confidential and the disclosure of which could negatively affect the Company's interests ("Confidential Information"). Confidential Information includes, without limitation, confidential financial information; business forecasts; inventions; improvements and other intellectual property; trade secrets; know-how; designs, processes or formulae; confidential software; marketing or sales information or plans; customer lists; and business plans, prospects and opportunities. You agree that you shall not use or disclose any Confidential Information at any time without the written consent of the Company. View More