the end of their employment with Enfusion by a third party under no known obligation of confidentiality; (iv) is in the public domain at the time of disclosure, or thereafter becomes in the public domain, other than as a result of disclosure by Employee in violation of this Agreement.
d) In the event Employee is required under a subpoena, court order, statute, law, rule, regulation, or other similar requirement (“Legal Requirement”), Employee shall do so only to the extent required by the Legal Requirement, must provide prompt written notice to Enfusion of the disclosure to the extent not precluded by law, and must designate the information as Confidential Information when disclosing such information. Further, when legally permissible, the Employee shall notify Enfusion of what Confidential Information was disclosed under such Legal Requirement.
e) Defend Trade Secrets Act of 2016 (DTSA) Notice. Notwithstanding any other provision of this Agreement, pursuant to Section 7 of the DTSA, the Employee cannot be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (1) is made: (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (2) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. If Employee files a lawsuit for retaliation by Company for reporting a suspected violation of law, Employee may disclose Company’s trade secrets to Employee’s attorney and use the trade secret information in the court proceeding if Employee: (1) files any document containing the trade secret under seal; and (2) does not disclose the trade secret, except pursuant to court order.
f) Violation of Law. If Employee believes Enfusion has committed or is committing a violation of law, although not required, he or she is asked to first report the possible violation to Enfusion’s upper management so that Enfusion may take the proper corrective actions. Despite the foregoing, Employee is free to report possible violations, file a charge with, or participate or cooperate with any governmental agency or entity, including but not limited to the EEOC, the Department of Justice, the Securities and Exchange Commission, Congress, or any agency Inspector General, or making any other disclosures that are protected under the whistleblower, anti-discrimination or anti-retaliation provisions of federal, state or local law or regulation; provided further, the Employee does not need the prior authorization of the Company to make any such reports or disclosures, and the Employee is not required to notify the Company that the Employee has made such reports or disclosures.
g) Trading. Employee understands and agrees he or she is not permitted to use Enfusion’s or Clients’ Confidential Information on their behalf, on the behalf of others, or to assist others in trading securities. Employee further acknowledges that to use Enfusion’s or Client’s Confidential Information for personal financial benefit or to “tip” others who might make an investment decision on the basis of this information is not only prohibited and unethical, but is also illegal.
12. Company Property. Upon Enfusion’s request or Employee’s Termination Date, Employee shall, to the extent such materials are in Employee’s possession or under Employee’s control, promptly deliver to Enfusion: (i) all original and any copies of emails, employee training materials, records, agreements, manuals, books, blank forms, documents, letters, memoranda, notes, notebooks, reports, data, tables, or calculations, which are the property of Enfusion or its affiliates and that relate, in any way, to the business, products, policies, practices, or techniques thereof, including any strategies; (ii) all other Enfusion property, including any Enfusion issued credit cards, identification, keys, computers, cell phone, or other equipment; (iii) all Confidential Information of Enfusion or its affiliates, including all documents that, in whole or in part, contain any Confidential Information of Enfusion or its affiliates or their respective clients or licensors; and (iv) all proprietary information, intellectual property and trade secrets of Enfusion or its affiliates or their respective clients or licensors. In addition, if applicable, Employee shall promptly cancel or transfer to himself or herself any telecommunications services for which Enfusion was directly paying. Nothing in this Section shall prohibit Employee from retaining papers or materials that are solely of a personal nature, including copies of documents showing their compensation or reimbursable expenses and a copy of this Employment Agreement.
13. Intellectual Property. (“Intellectual Property”) means any and all intellectual property in any form or stage of development, including any innovation, discovery, idea, concept, design, prototype, product configuration, invention, improvement, modification, patentable subject matter, method, process, technique, procedure, system, plan, model, program, software or code, source code, algorithms, data, specification, drawing, images,