NON-DISCLOSURE POLICY
I. The Parties. This Unilateral Non-Disclosure policy, hereinafter referred to as the "Policy,
Releasor, known as Echler Security & Investigations L.L.C. ("Releasor")
AND
Recipient described as individual(s) employed by Echler Security & Investigations L.L.C.
("Recipient")
II. Confidential Information. The term "Confidential Information" includes, but is not limited to, all
information owned by the Releasor and not generally known to the public or in the relevant trade or
industry that is communicated orally, written, printed, electronically or any other form or medium, or
which was learned, discovered, developed, conceived, originated, or prepared by the Recipient in the
scope and course of their relationship with the Releasor, relating directly or indirectly to business
processes, technical data, trade secrets, know-how, advice, consultations, proprietary information, all client information, client lists, client instructions, assets, business operations, specifications, designs, plans, drawings, hardware,
software, data, prototypes or other business and technical information belonging to any client of the
Releasor, operational methods, economic and business analyses, models, strategies, and projections,
promotion methods, trade show information and contacts, and other proprietary information relating to
the business of the Releasor and any and all other concepts, as such Confidential Information pertains
personally to principals or other information that has independent economic value.
III. Non-Disclosure. The Recipient agrees that it shall have the obligation to:
(a) hold the Confidential Information in the strictest of confidence;
(b) not use the Confidential Information for any personal gain or detrimentally to the Releasor;
(c) take all steps necessary to protect the Confidential Information from disclosure and to
implement internal procedures to guard against such disclosure;
(d) not disclose the fact that the Confidential Information has been made available or that
discussions and negotiations are taking place or have taken place or any of its terms, conditions
or other facts with respect to the transaction; and
(e) not disclose or make available all or any part of the Confidential Information to any person,
firm, corporation, association, or any other entity for any reason or purpose whatsoever, directly
or indirectly, unless and until such Confidential Information becomes publicly available other
than as a consequence of the breach by the Recipient of their confidentiality obligations
hereunder.
This Section shall survive and continue after any expiration or termination of this Policy and shall
bind Recipient.
IV. Exceptions to Confidential Information. The Recipient shall not be restricted from disclosing or
using Confidential Information that:
(a) was freely available in the public domain at the time it was communicated to the Recipient
by the Releasor;
(b) subsequently came to the public domain through no fault of the Recipient;
(c) is in the Recipient's possession free of any obligation of confidence at the time it was
communicated to the Recipient by the Releasor.
(d) is provided by Recipient in response to a valid order by a court or other governmental body,
as otherwise required by law.
V. Use or Disclosure of Confidential Information. Recipient shall only use the Confidential
Information as directed by the Releasor and not for its own purposes or the purposes of any other party.
Recipient shall disclose the Confidential Information received under this Policy to any person
within Releasors organization only if such persons are on a "need to know" basis. Recipient should advise each person to whom disclosure is permitted that such information is the confidential and the
property of the Releasor and may not be disclosed to others or used for their own purpose. This Section
shall survive and continue after any expiration or termination of this Policy and shall bind
Recipient.
VI. Notice of Disclosure. In the event that the Recipient receives a request or is required (by
deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar
process) to disclose all or any part of the Confidential Information, the Recipient agrees, if legally
permissible, to (a) promptly notify the Releasor of the existence, terms and circumstances surrounding
such request or requirement, (b) consult with the Releasor on the advisability of taking legally available
steps to resist or narrow such request or requirement and (c) assist the Releasor in seeking a protective
order or other appropriate remedy; provided, however, that the Recipient shall not be required to take
any action in violation of applicable laws. In the event that such protective order or other remedy is not
obtained or that the Releasor waives compliance with the provisions hereof, the Recipient shall not be
liable for such disclosure unless disclosure to any such tribunal was caused by or resulted from a
previous disclosure by the Recipient not permitted by this Policy.
VII. Term. This Policy, with respect to Confidential Information, will remain in effect for
perpetuity.
VIII. Return of Confidential Information. Upon request from the Releasor or upon the termination
of employment, Recipient will promptly deliver to Releasor all
originals and copies of all documents, records, software programs, media and other materials
containing any Confidential Information. Recipient shall also return to Releasor all equipment, files,
and other personal property belonging to Releasor. Recipient shall not be permitted to make, retain, or
distribute copies of any Confidential Information and shall not create any other documents, records, or
materials in any form whatsoever that includes the Confidential Information
IX. Indemnification. The Parties agree to indemnify and keep each other, at all times, fully and
effectively indemnified in respect of any and all claims, demands, losses, damages, liabilities, costs and
or expenses of any kind whatsoever incurred by the Releasor which arise out of or in connection with
any breach of this Policy by the Recipient.
X. Covenants. The parties hereto agree that the covenants, policies, and restrictions (hereinafter
"this covenant") contained herein are necessary to protect the business goodwill business interests, and
proprietary rights of the Releasor.
XI. Authority. This Policy sets forth the entire Policy and understanding between the Parties
and supersedes all prior oral or written policies and understandings relating to the subject matter of
this Policy. This Policy may not be modified or discharged, in whole or part, except by
consent in writing signed by the Parties.
XII. Assignment. 'This Policy may not be assigned or otherwise transferred by either party
without the prior written consent of the non-transferring party.
XIV. Binding Arrangement, this policy will be binding upon and inure to the benefit of the
parties hereto.
XIII. Severability. In the event that any provision of this Policy is held by a court of competent
jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant
jurisdiction, the validity of the remaining provisions shall not be affected, and the rights and obligations
of the parties hereto shall be construed and enforced as if the Policy did not contain the particular
provision(s) held to be unenforceable.
XV. Governing Law. This Policy shall be governed by and construed in accordance with the
laws in the State of Ohio.