Attachment 5, Non-Disclosure Agreement - Apr 20 - tjf.doc

EMPLOYEE NON-DISCLOSURE AGREEMENT

I ,_____________________________________, as an employee of XXXX understand that pursuant to Contract Number HDTRA1-09-X-XXXX , I may have access to the trade secrets* of others and agree that I shall not disclose to any unauthorized third party or use for my benefit, trade secrets received in connection with the work under this contract. I further understand and agree that this restriction will apply as long as the subject data is a trade secret and may extend beyond my term of employment with XXXX.

A copy of this agreement may be provided to the firm holding ownership to such trade secrets.

TYPED OR PRINTED NAME

SIGNATURE/DATE

*18 USC 1839. Definitions, paragraph (3). the term "trade secret" means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if--

(A) the owner thereof has taken reasonable measures to keep such information secret; and

(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public.

HDTRA1-09-R-0002

Attachment 5