SALARY, BONUSES, ROYALTIES, COMMISSIONS,
FEES AND ANY AND ALL OTHER ASSETS, CONSIDERATION AND COMPENSATION OF ANY NATURE
WHATSOEVER WHICH HAS BEEN OBTAINED BY EXECUTIVE OR ANY OF HIS IMMEDIATE FAMILY
MEMBERS OR AFFILIATES (DIRECTLY OR INDIRECTLY, LEGALLY OR BENEFICIALLY) IN
REGARD TO SUCH VIOLATION.
9.
NONDISCLOSURE OF PROPRIETARY INFORMATION.
EXECUTIVE SHALL NOT,
EITHER DURING OR AFTER HIS EMPLOYMENT WITH THK, DISCLOSE TO ANYONE OUTSIDE THK
OR USE OTHER THAN FOR THE PURPOSE OF THE BUSINESS, ANY PROPRIETARY INFORMATION
(AS DEFINED BELOW) OR ANY INFORMATION RECEIVED IN CONFIDENCE BY THK FROM ANY
THIRD PARTY. FOR PURPOSES OF THIS AGREEMENT, "PROPRIETARY INFORMATION" IS
INFORMATION AND DATA, WHETHER IN ORAL, WRITTEN, GRAPHIC, OR MACHINE-READABLE
FORM RELATING TO THK'S OR ANY THK AFFILIATE'S PAST, PRESENT AND FUTURE
BUSINESSES, INCLUDING, BUT NOT LIMITED TO, COMPUTER PROGRAMS, ROUTINES, SOURCE
CODE, OBJECT CODE, DATA, INFORMATION, DOCUMENTATION, KNOW-HOW, TECHNOLOGY,
DESIGNS, PROCEDURES, FORMULAS, DISCOVERIES, INVENTIONS, TRADE SECRETS,
IMPROVEMENTS, CONCEPTS, IDEAS, PRODUCT PLANS, RESEARCH AND DEVELOPMENT,
PERSONNEL INFORMATION, FINANCIAL INFORMATION, CUSTOMER LISTS AND MARKETING
PROGRAMS AND INCLUDING, WITHOUT LIMITATION, ALL DOCUMENTS MARKED AS CONFIDENTIAL
OR PROPRIETARY AND/OR CONTAINING SUCH INFORMATION, WHICH THK OR ANY THK
AFFILIATE HAS ACQUIRED OR DEVELOPED AND WHICH HAS NOT BEEN MADE PUBLICLY
AVAILABLE BY THK.
10.
RETURN OF DOCUMENTS.
UPON THE TERMINATION OF EXECUTIVE'S
EMPLOYMENT WITH THK OR UPON THE EARLIER REQUEST OF THK, EXECUTIVE SHALL RETURN
TO THK ALL MATERIALS BELONGING TO THK, INCLUDING ALL
MATERIALS CONTAINING OR RELATING TO ANY PROPRIETARY INFORMATION IN ANY WRITTEN
OR TANGIBLE FORM THAT EXECUTIVE MAY HAVE IN HIS POSSESSION OR CONTROL.
11.
OWNERSHIP OF WORK PRODUCT.
EXECUTIVE HEREBY ASSIGNS TO THK HIS
ENTIRE RIGHT, TITLE AND INTEREST IN ALL "DEVELOPMENTS".
"DEVELOPMENTS" MEANS
ANY IDEA, INVENTION, DESIGN OF A USEFUL ARTICLE (WHETHER THE DESIGN IS
ORNAMENTAL OR OTHERWISE), COMPUTER PROGRAM INCLUDING SOURCE CODE AND OBJECT CODE
AND RELATED DOCUMENTATION, AND ANY OTHER WORK OF AUTHORSHIP, OR AUDIO/VISUAL
WORK, WRITTEN, MADE OR CONCEIVED SOLELY OR JOINTLY BY EXECUTIVE DURING
EXECUTIVE'S EMPLOYMENT WITH THK, WHETHER OR NOT PATENTABLE, SUBJECT TO COPYRIGHT
OR SUSCEPTIBLE TO OTHER FORMS OF PROTECTION THAT RELATE TO THE ACTUAL OR
ANTICIPATED BUSINESSES OR RESEARCH OR DEVELOPMENT OF THK, OR ARE SUGGESTED BY OR
RESULT FROM ANY TASK ASSIGNED TO EXECUTIVE OR WORK PERFORMED BY EXECUTIVE FOR OR
ON BEHALF OF THK. EXECUTIVE ACKNOWLEDGES THAT THE COPYRIGHTS IN DEVELOPMENTS
CREATED BY HIM IN THE SCOPE OF HIS EMPLOYMENT BELONG TO THK BY OPERATION OF THE
LAW, OR MAY BELONG TO A CUSTOMER OF THK PURSUANT TO A CONTRACT BETWEEN THK AND
SUCH CUSTOMER. IN CONNECTION WITH ANY OF THE DEVELOPMENTS ASSIGNED ABOVE,
EXECUTIVE AGREES TO PROMPTLY DISCLOSE THEM TO THK, AND EXECUTIVE AGREES, ON THE
REQUEST OF THK, TO PROMPTLY EXECUTE SEPARATE WRITTEN ASSIGNMENTS TO THK AND TO
DO ALL THINGS REASONABLY NECESSARY TO ENABLE THK TO SECURE PATENTS, REGISTER
COPYRIGHTS OR OBTAIN ANY OTHER FORMS OF PROTECTION FOR DEVELOPMENTS IN THE
UNITED STATES AND IN OTHER COUNTRIES. IN THE EVENT THK IS UNABLE, AFTER
REASONABLE EFFORT, TO SECURE EXECUTIVE'S SIGNATURE ON ANY LETTERS PATENT,
COPYRIGHT