THE UNAUTHORISED
PUBLICATION OR DISCLOSURE OF ANY SUCH TRADE SECRETS OR CONFIDENTIAL INFORMATION.
17.2
THIS RESTRICTION SHALL CONTINUE TO APPLY AFTER THE TERMINATION OF
YOUR EMPLOYMENT WITHOUT LIMIT IN POINT OF TIME, BUT BOTH DURING YOUR EMPLOYMENT
AND AFTER ITS TERMINATION, SHALL NOT APPLY TO (A) INFORMATION ORDERED TO BE
DISCLOSED BY A COMPETENT COURT OR TRIBUNAL, OR OTHERWISE REQUIRED TO BE
DISCLOSED BY LAW, OR (B) TO INFORMATION WHICH BECOMES AVAILABLE TO THE PUBLIC
GENERALLY, (OTHER THAN BY REASON OF YOUR BREACHING THIS CLAUSE), WITHOUT
REQUIRING A SIGNIFICANT EXPENDITURE OF LABOUR SKILL OR MONEY. NOTHING IN THIS
AGREEMENT, INCLUDING THIS CLAUSE, WILL PREVENT YOU MAKING A "PROTECTED
DISCLOSURE" WITHIN THE MEANING OF THE PUBLIC INTEREST DISCLOSURE ACT 1998.
17.3
FOR THE PURPOSES OF THIS AGREEMENT CONFIDENTIAL INFORMATION SHALL
INCLUDE BUT NOT BE LIMITED TO THE COMPANY'S OR ANY GROUP COMPANY'S, OR ANY
INTERESTED OPERATOR'S BUSINESS AND MARKETING PLANS AND STRATEGIES; UNPUBLISHED
MARKET RESEARCH; BUDGETS, MANAGEMENT ACCOUNTS AND OTHER CONFIDENTIAL FINANCIAL
DATA; DETAILS OF EMPLOYMENT TERMS APPLICABLE WITHIN THE COMPANY, ANY GROUP
COMPANY OR ANY INTERESTED OPERATOR; UNPUBLISHED DATA AND OTHER INFORMATION
RELATING TO THE OPERATING PERFORMANCE OF CARE HOMES WITHIN THE PORTFOLIOS OF THE
COMPANY, ANY GROUP COMPANY OR ANY INTERESTED OPERATOR; THE PERSONAL AND
SENSITIVE PERSONAL DATA OF ANY RESIDENT OF A CARE HOME WITHIN SUCH PORTFOLIOS;
THE IDENTITY OF ANY COMPANIES OR OTHER BUSINESSES WHICH THE COMPANY OR ANY GROUP
COMPANY IS TARGETING AS A POTENTIAL ACQUISITION OR FOR INVESTMENT, INCLUDING ANY
LIST OR DATABASE CONTAINING DETAILS OF SUCH TARGETS AND DETAILS OF ANY OTHER
BUSINESS OR INVESTMENT OPPORTUNITIES BEING CONSIDERED OR DUE TO BE CONSIDERED BY
THE COMPANY OR ANY GROUP COMPANY; THE COMPANY OR ANY GROUP COMPANY'S INVESTMENT
CRITERIA, UNDERWRITING, CAPITAL OR ANALYTICAL MODELS OR PROTOCOLS; THE CONTENT
OF BIDS AND TENDERS SUBMITTED BY THE COMPANY OR ANY GROUP COMPANY OR ANY
INTERESTED OPERATOR; THE TERMS OF ANY AGREEMENT OR ARRANGEMENT THAT THE COMPANY
OR ANY GROUP COMPANY OR ANY INTERESTED OPERATOR ENTERS INTO WITH ANY THIRD PARTY
INCLUDING SUPPLIERS, POTENTIAL OR ACTUAL INVESTORS, PRIVATE EQUITY COMPANIES OR
FIRMS AND OTHER BUSINESS PARTNERS; DETAILS OF ANY LITIGATION TO WHICH THE
COMPANY, ANY GROUP COMPANY, OR ANY INTERESTED OPERATOR IS A PARTY; ANY
INFORMATION THAT THE COMPANY, OR ANY GROUP COMPANY, INCLUDING HCN MAY DESIGNATE
AS "CONFIDENTIAL," AS SET FORTH IN ANY EMPLOYEE HANDBOOKS OR POLICIES FROM TIME
TO TIME; AND ANY INFORMATION OR DATA OF A THIRD PARTY WHICH THE COMPANY, ANY
GROUP COMPANY, OR ANY INTERESTED OPERATOR IS UNDER AN OBLIGATION TO KEEP
CONFIDENTIAL.
18.
DELIVERY UP OF THE COMPANY'S PROPERTY
18.1
UPON THE COMPANY'S REQUEST AT ANY TIME, AND IN ANY EVENT ON THE
TERMINATION OF YOUR EMPLOYMENT, YOU WILL IMMEDIATELY DELIVER UP TO THE COMPANY,
OR HCN, OR ITS/THEIR AUTHORISED REPRESENTATIVE, ANY EQUIPMENT OR PROPERTY OF
WHATEVER NATURE, IN YOUR POSSESSION OR CONTROL, WHICH BELONGS TO THE COMPANY OR
ANY GROUP COMPANY, OR WHICH RELATES TO THEIR BUSINESS AFFAIRS. THIS INCLUDES BUT
IS NOT LIMITED TO ANY OFFICE KEYS OR SECURITY PASSES,