The Executive covenants and agrees with the Company that the Executive will not at any time, except in performance of the Executive’s obligations to the Company hereunder or with the prior written consent of the Company, directly or indirectly, disclose any secret or confidential information that the Executive may learn or has learned by reason of the Executive’s association with any of the Company Entities. The term “confidential information” includes information not previously disclosed to the public or to the trade by the Company Entities’ management or otherwise in the public domain, with respect to any of the Company Entities’ products, facilities, applications and methods, trade secrets and other intellectual property, systems, procedures, manuals, confidential reports, product price lists, customer lists, technical information, financial information (including the revenues, costs or profits associated with any of the Company Entities’ products), business plans, prospects or opportunities, but shall exclude any information which (i) is or becomes available to the public or is generally known in the industry or industries in which any of the Company Entities operates other than as a result of disclosure by any employee of the any of the Company Entities, including, but not limited to, the Executive, in violation of any agreement with any of the Company Entities, including, but not limited to, the Executive’s agreement under this Section 7.3 or (ii) the Executive is required to disclose under any applicable laws, regulations or directives of any government agency, tribunal or authority having jurisdiction in the matter or under subpoena or other process of law, or (iii) which Executive demonstrates was already known to the Executive prior to the Executive’s employment with the Company.