Service Provider and Executive each acknowledge that, in the course of the service relationship with the Company, it and he have become and/or will become acquainted and trusted with (a) certain confidential information and trade secrets, which confidential information includes, but is not limited to, proprietary software, customer lists and information, information concerning the Company’s finances, business practices, long-term and strategic plans and similar matters, information concerning the Company’s formulas, designs, methods of business, trade secrets, technology, business operations, business records and files, and any other information that is not generally known to the public or within the industry or trade in which the Company competes and was not known to Service Provider or Executive prior to its or his service relationship with the Company, and (b) information of third parties that the Company is under a duty to maintain as confidential (collectively, “ Confidential Information ”). Except in furtherance of its duties hereunder, Service Provider and Executive each agree that it and he will not cause any Confidential Information to be disclosed to third parties without the prior written consent of the Company and that it and he will not, without the prior written consent of the Company, divulge or make any use of such Confidential Information, except as may be required by law and/or to fulfill his obligations hereunder. Upon the termination of Service Provider’s service relationship for whatever reason, or at any time the Company may request, Service Provider and Executive shall immediately deliver to the Company all of the Company’s property in Service Provider’s or Executive’s possession or under Service Provider’s or Executive’s control, including but not limited to all originals and copies of memoranda, notes, plans, records, reports, computer files, disks and tapes, thumb drives, printouts, worksheets, source code, software, programming work, and all documents, forms, records or other information, in whatever form it may exist, regarding the Company’s business, clients, products or services. Confidential Information does not include information that: (i) becomes generally known to the public subsequent to disclosure to Service Provider or Executive through no wrongful act of Service Provider or Executive or any representative of Service Provider or Executive; (ii) was known to the public prior to its disclosure to Service Provider or Executive; or (iii) Service Provider or Executive is required to disclose by applicable law, regulation or legal process. Additionally, the Parties acknowledge and agree that the obligations of this Section 8 shall be in addition to and shall not diminish any obligations that Service Provider or Executive may have to Company or any customer of Company under any separate Non-Disclosure and Confidentiality Agreement that Service Provider or Executive may execute during the service relationship with the Company.