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relating to
Summer that could reasonably be regarded as confidential or proprietary or
which is not in ' # his section) ' Confidential Information ($ " ! #
during the time Executive is employed by Summer or thereafter, use or purport
to authorize any Person to use, reveal, report, publish, transfer or
otherwise disclose to any Person, any Confidential Information without the
prior written consent of Summer, except for disclosures by the Executive
required by applicable law (but only to the extent Summer is given a
reasonable opportunity to object to such disclosure and protect the
Confidential Information) to responsible officers of Summer and other
responsible Persons who are in a contractual or fiduciary relationship with
Summer and who have a need for such information for purposes in the best
interests of Summer. Without limiting the generality of the foregoing, the
Executive shall not, directly or indirectly, disclose or otherwise make known
to any Person any information as to Summer's employees and others providing
services to the Company, including with respect to their abilities,
compensation, benefits and other terms of employment or engagement. The
Executive shall keep secret all such matters entrusted to Executive, and
Executive shall not use or attempt to use any Confidential Information on
behalf of any person or entity other than Summer, or in any manner which may
injure or cause loss or may be calculated to injure or cause loss, whether
directly or indirectly, to Summer. Further, Executive agrees that, during his
employment, Executive shall not make, use, or permit to be used, any notes,
memoranda, reports, lists, records, specifications, software programs, data,
documentation or other materials of any nature relating to any matter within
the scope of the business of Summer or concerning any of its dealings or
affairs other than for the benefit of Summer. Executive further agrees that
he shall not, after the termination of his employment, use or permit to be
used any such notes, memoranda, reports, lists, records, specifications,
software programs, data, documentation or other materials. All of the
foregoing shall be and remain the sole and exclusive # employment, Executive
shall deliver all of the foregoing, and all copies thereof, to Summer at its
main office. (b) Restriction on Competition. ) ! # and thereafter during the
Restricted Period, the Executive shall not, directly or indirectly, whether
alone or in association with others, engage in Competition or provide
Consulting Services within the Restricted Area. (c) Non-Interference. During
the # during the Restricted Period, the Executive shall not, interfere with
Summer's relationship with its Business Partners by soliciting or
communicating (regardless of who initiates the communication) with a Business
Partner to induce or encourage the Business Partner to stop doing business or
reduce its business with Summer, unless a duly authorized officer of Summer
gives Executive written authorization to do so. Executive also agrees that
during the Non-Interference Period, he will not work on a Summer account on
behalf of a Business Partner or serve as the representative of a Business
Partner for Summer. During the Restrictive Period, Executive also will not
interfere with Summer's relationship with any employee of Summer by: (i)
soliciting or communicating with such employee to induce or encourage him or
her to leave Summer's employ (regardless of who first initiates the communication);
(ii) helping another person or entity evaluate such employee as an employment
candidate; or (iii) otherwise helping any person or entity hire an employee
away from Summer unless a duly authorized officer of Summer gives Executive
written authorization to do so. Where required by law, the foregoing
restriction will only apply to employees with whom Executive Case
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