Confidentiality Agreement
specific to
KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain
This agreement is entered into, effective and formalized on (Date) between KGBMD (501 c 3),
KGBMD.org and Mr. E. T. Mountain and_____________, ("Receiver"). The parties acknowledge the
following facts: A. Mr. E. T. Mountain and Receiver desire to engage in a business relationship as
described on Schedule I, (Page 4) attached hereto (the "Project"); and B. In order to evaluate and, if
appropriate, to proceed with the Project, KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain must
disclose to Receiver certain Propriety Information as described in Schedules I and II, attached hereto. In
consideration of the above premises and the covenants hereinafter set forth, the parties agree as follows:
1. (a) As used herein, the term "Proprietary Information" means information related to the
business of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain and the "Project"
which (1) may derive economic value, actual or potential, from not being generally
known to or readily ascertainable by other persons who can obtain economic value from
its disclosure or use; and (2) is the subject of efforts by Mr. E. T. Mountain that are
reasonable under the circumstances to maintain its secrecy and Classification including;
(i) marking any information reduced to tangible form clearly and conspicuously with a
legend identifying its Confidential, Classification and Proprietary nature: (ii) identifying
any oral presentation or communication as confidential immediately before, during or
after such oral presentation or communication; or (iii) otherwise treating such
information as Confidential. Assuming the criteria in clauses (1) and (2) above are met,
Proprietary Information is described in Schedule II.
(b) Proprietary Information does not include any information which (1) is already known
to Receiver at the time it is disclosed to Receiver; (2) is disclosed by Receiver pursuant to
a requirement of a governmental agency or of law without similar restrictions or other
protections against public disclosure or is required to be disclosed by operation of law;
provided, however, that Receiver shall first have given written notice of required
disclosure to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain , made a
reasonable effort to obtain a protective order requiring that the Proprietary Information so
disclosed be used only for the purposes for which disclosure is required and taken
reasonable steps to allow KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain to
seek to protect the Confidentiality of the information required to be disclosed; or (3)
before being divulged by Receiver, (i) has become generally known to the public through
no wrongful act of Receiver, (ii) has been rightfully received by Receiver from a third
party without restriction on disclosure and without breach of an obligation of
Confidentiality running directly or indirectly to KGBMD (501 c 3), KGBMD.org and Mr.
E. T. Mountain ; (iii) has been approved for release to the general public by a written
authorization of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain ; (iv) has been
independently developed by Receiver without use, directly or indirectly, of the
Proprietary Information; or (v) has been furnished to a third party by KGBMD (501 c 3),
KGBMD.org and Mr. E. T. Mountain without restrictions on the third party's rights to
disclose the information.
2. Receiver (a) must receive and hold the Proprietary Information in trust and in the
strictest confidence: (b) must protect the Proprietary Information from disclosure and in
no event take any action causing or fail to take action necessary in order to prevent the
Proprietary Information disclosed to Receiver by KGBMD (501 c 3), KGBMD.org
and Mr. E. T. Mountain or developed by Receiver for KGBMD (501 c 3), KGBMD.org
and Mr. E. T. Mountain, to lose its character as Proprietary Information: and (c) must not
use, reproduce, distribute, disclose or otherwise disseminate the Proprietary Information
except to perform the Project. All reproductions of Proprietary Information must contain
a Confidentiality and/or Classification legend.
3. Disclosures of the Proprietary Information may be made only to employees, agents or
independent contractors of Receiver (a) who are directly involved in performing the
Project and have a specific need to know such information; and (b) whom Receiver has
obligated under a Confidentiality Agreement in the form of Schedule III, attached hereto
to hold the Proprietary Information in trust and in strictest confidence; subject to the
terms of this Agreement. Receiver agrees to diligently monitor and enforce each such
Confidentiality Agreement and upon request by KGBMD (501 c 3), KGBMD.org
and Mr. E. T. Mountain promptly furnish KGBMD (501 c 3), KGBMD.org and Mr. E. T.
Mountain an executed and certified copy of each such Agreement and a certified list of
Receivers employees, agents and independent contractors having had access to the
Proprietary Information.
4. Within ten (10) days following the receipt of a written request from KGBMD (501 c
3), KGBMD.org and Mr. E. T. Mountain, Receiver must deliver to KGBMD (501 c 3),
KGBMD.org and Mr. E. T. Mountain all tangible materials containing or embodying the
Proprietary Information together with a certificate executed by the President or Vice
President of Receiver certifying that all such material in Receivers possession have been
delivered to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain.
5. If Receiver should breach or threaten to breach any provisions of this
Agreement, KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain in addition to any
other remedies it may have at law or in equity, will be entitled to a restraining order,
injunction or other similar remedy in order to specifically enforce the provisions of this
Agreement. Receiver specifically acknowledges that money damages alone would be an
inadequate remedy for the injuries and damages, which would be suffered and incurred
by KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain or any Agency or
Department of the Government of the United States, as a result of a breach of any
provisions of this Agreement. In the event that KGBMD (501 c 3), KGBMD.org and Mr.
E. T. Mountain should seek an injunction hereunder, Receiver hereby waives any
requirement that KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain submit proof
of the economic value of any Proprietary Information or that KGBMD (501 c 3),
KGBMD.org and Mr. E. T. Mountain post a bond or any other security.
6. Receiver represents and warrants that any information disclosed by Receiver
to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain is not Confidential to
Receiver or to any third party. Accordingly, no obligation of any kind is assumed by or to
be implied against KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain by virtue of
any information received (in whatever form or whenever received) from Receiver
relating to the subject matter hereof, and KGBMD (501 c 3), KGBMD.org and Mr. E. T.
Mountain is free to reproduce, use and disclose to others such information without
limitation. Receiver understands and acknowledges that KGBMD (501 c 3), KGBMD.org
and Mr. E. T. Mountain may now market or have under development products which are
competitive with products or services now offered or which may be offered by Receiver,
and the parties communications here under will not serve to impair the right of KGBMD
(501 c 3), KGBMD.org and Mr. E. T. Mountain to develop, make, use, procure or market
products and services now or in the future which may be competitive with those offered
by Receiver, nor require KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain to
disclose any planning or other information to Receiver.
7. This Agreement and the rights and obligations of the parties under the Agreement, may
be assigned only upon the prior written approval of the parties. The rights and obligations
of the parties will inure to the benefit of and will be binding upon and will be enforceable
by the parties and their lawful successors and representatives.
8. The duration of this Agreement is for 100 (one hundred) years from the effective date.
Neither expiration nor termination in any form shall release Receiver from any and all
obligations set forth in this Agreement, including, Confidentiality, disclosure, transfer
and/or communications; which remains the valuable property of KGBMD (501 c 3),
KGBMD.org and Mr. E. T. Mountain.
9. The Receiver shall not transfer or export, directly or indirectly; any United States
Source Data acquired from KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain to
any country for which the United States Government or any Agency thereof requires, at
the time of export, an export license or approval, without first obtaining such license or
approval. At no time will Receiver transfer any information in any form which would be
in violation of United States Law as set forth by Presidential Orders, The State
Department, The Commerce Department, The Department of Defense, ODNI, The
Department of Homeland Security, The U.S Secret Service, The Treasury Department,
The National Security Agency, The National Reconnaissance Office, The Department of
Justice, The National Programs Office, The Department of Energy, Missile Defense
Agency, DIA, FBI, CIA, National Geospatial-Intelligence Agency, Defense Threat
Reduction Agency, USAMRIID, DARPA, In-Q-tel, QinetiQ, Army, Air Force, Air Force
Center for Engineering and the Environment, Navy, Naval Surface Warfare Center,
Office of Naval Research, Marine, Coast Guard & Naval Intelligence, Air Force
Technical Applications Center, Air Force Research Lab, The National Intelligence
Director, intergovernmental agencies, defense contractors, civilian contractors, Air Force
Space Command, Special Operations Command or any AGENCY OR DEPARTMENT
of the Government of the United States. ANY attempt or approach from a third party to
compromise any aspect of this Agreement obligates Receiver to immediately inform
KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain of the attempt, method and
parties involved; and assist, to the best of Receivers abilities, KGBMD (501 c 3),
KGBMD.org and Mr. E. T. Mountain and any AGENCY OR DEPARTMENT of the
United States Government in providing accurate, complete & timely information.
10. No modifications of this Agreement or waiver of any of its terms will be effective
unless set forth in a writing, signed by the party against whom it is sought to be
enforced. This Agreement will be governed by and construed in accordance with the laws
of the State of Nevada and the Government of the United States.
Receiver
Mr. E. T. Mountain
Name
Title
Corporation
Address
Phone
Fax
E-mail
Signature
Date
Confirmations
Security Clearance
Identifications
United States Citizen
Social Security #
Drivers License #
State of Issue
Place of Birth
Date of Birth
Biometric Scans
© 1989-2010 Mr. E. T. Mountain All Rights Reserved
SCHEDULE I
PROJECT DESCRIPTION
specific to
KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain
The "Project" entails discussions and any subsequent Agreements between the parties concerning Project #
0000, the sole and valuable property of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain,
including all aspects of the Project, as defined in Schedule II, which will be more fully detailed to Receiver
following the execution of this Agreement by the parties. This Agreement does not imply, express or
establish any license, grant, joint venture, royalty, partnership, merger, acquisition or any other financial
relationship or arrangement with the Receiver, which is beyond the scope of this instrument.
© 1975-2009 Mr. E. T. Mountain All Rights Reserved
SCHEDULE II
DESCRIPTION OF PROPRIETARY INFORMATION
specific to
KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain
Proprietary Information includes all aspects of the Project, including: the existence, specifications, features,
benefits, related documentation, tangible and intangible forms of released and unreleased, in whole or in
part, all forms of media, written and oral, including, electronic, analog, digital, encrypted, audio, video,
P2P, downloadable or non-downloadable, hard disk, floppy, Flash Drive, Zip Drive, via USB connection,
remote disk drive, DVD, CD, in any wave band, secured or unsecured, communications, spoken, printed,
non-printed, handwritten, on paper or any other surface, any computer or storage device, transmitted in any
form, the transference and communication in any form or degree of; information, technologies, research,
markets, products, processes, prototype, know- how, samples, applications, projects, programs, trade
secrets, technical data, non-technical data, patterns, designs, compilations, formula, inventions, drawings,
algorithms, schematics, equations, knowledge, technique, materials, strategies, the development of existing
and future products, processes and/or services, and intellectual property; including the creation, ideation,
manufacturing, processing, commercialization, use, applications and control of each; including any and all
contact in any form to date, also including the property, finances, intellectual capital, intellectual property
rights, employees, agents, independent contractors, associates and affiliates of KGBMD (501 c 3),
KGBMD.org and Mr. E. T. Mountain, and the existence, nature and details of KGBMD (501 c 3),
KGBMD.org and Mr. E. T. Mountain's relationship with Receiver, including the existence and entirety
(pages 1 through 7) of this Confidentiality Agreement.
© 1989-2010 Mr. E. T. Mountain All Rights Reserved
SCHEDULE III
EMPLOYEE, AGENT OR INDEPENDENT CONTRACTOR
specific to
KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain
THIS AGREEMENT entered into and formalized on (Date), between each of the individuals executing
the Agreement under the heading "Employee, Agent or Independent Contractor" at the end of the
Agreement (page 7 of 7), severally and not jointly (each such individual being referred to herein as
("Receiver"), and is effective as of (Date). The parties acknowledge the following facts: Receiver
and KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain desire to engage in a business relationship
(the "Project") and In order to protect any Proprietary Information disclosed to Receiver by KGBMD (501
c 3), KGBMD.org and Mr. E. T. Mountain, or developed by Receiver for KGBMD (501 c 3), KGBMD.org
and Mr. E. T. Mountain in connection with the Project, KGBMD (501 c 3), KGBMD.org and Mr. E. T.
Mountain and Receiver have entered into a Confidentiality Agreement dated as of ________ (the
"Agreement"), a copy of which is attached hereto and made a part hereof as Exhibit A and by this reference
incorporated herein. All capitalized terms used herein without definition shall have the meaning set forth in
the Agreement. In consideration of the above premises and the covenants hereafter set forth, the parties
agree as follows:
1. Employee, Agent or Independent Contractor (a) must receive and hold the Proprietary Information in
trust and in the strictest confidence: (b) must protect the Proprietary Information from disclosure and in no
event take any actions causing, or fail to take actions necessary in order to prevent, any Proprietary
Information to lose its character as Proprietary Information and (c) must not use, reproduce, distribute,
disclose or otherwise disseminate the Proprietary Information except in connection with the Project. Any
and all reproductions of the Proprietary Information must prominently contain a Confidentiality and/or
Classification Legend.
2. This Agreement, although between Employee, Agent, Independent Contractor and Receiver, will be fully
enforceable in every respect, at law or in equity, by KGBMD (501 c 3), KGBMD.org and Mr. E. T.
Mountain as a third party beneficiary hereunder.
3. If Employee, Agent or Independent Contractor should breach or threaten to breach any of the provisions
of this Agreement, Receiver and KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain, in addition to
any other remedies it may have at law or equity, will be entitled to a restraining order, injunction or other
similar remedy in order to specifically enforce the provisions of this Agreement. Employee, Agent or
Independent Contractor specifically acknowledges that money damages alone would be an inadequate
remedy for the injuries and damages, which would be suffered and incurred by Receiver and KGBMD
(501 c 3), KGBMD.org and Mr. E. T. Mountain as a result of a breach of any provisions of the Agreement.
In the event that Receiver or KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain should seek an
injunction hereunder. Employee, Agent or Independent Contractor hereby waives any requirement that
Receiver or KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain submit proof of the economic value
of any Proprietary Information or that Receiver or KGBMD (501 c 3), KGBMD.org and Mr. E. T.
Mountain post a bond or any other security. No modifications of this Agreement or waiver of any of its
terms will be effective unless set forth in a writing signed by the party against whom it is sought to be
enforced. This Agreement will be governed by and construed in accordance with the laws of the State of
Nevada and the Government of the United States.
© 1989-2010 Mr. E. T. Mountain All Rights Reserved
EMPLOYEE, AGENT OR INDEPENDENT
CONTRACTOR
As a party to non-disclosure agreement #0000 between KGBMD (501 c 3), KGBMD.org
and Mr. E. T. Mountain
and ________ ("Receiver") dated ________, as described therein.
Name
Title
Corporation
Address
Phone
Fax
E-mail
Signature
Date
Confirmations
Security Clearance
Identifications
United States Citizen
Social Security #
Drivers License #
State of Issue
Place of Birth
Date of Birth
Biometric Scans
© 1989-2010 Mr. E. T. Mountain All Rights Reserved
KGBMD MrMt Confidentiality 8pg 101211

KGBMD MrMt Confidentiality 8pg 101211

  • 1.
    Confidentiality Agreement specific to KGBMD(501 c 3), KGBMD.org and Mr. E. T. Mountain This agreement is entered into, effective and formalized on (Date) between KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain and_____________, ("Receiver"). The parties acknowledge the following facts: A. Mr. E. T. Mountain and Receiver desire to engage in a business relationship as described on Schedule I, (Page 4) attached hereto (the "Project"); and B. In order to evaluate and, if appropriate, to proceed with the Project, KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain must disclose to Receiver certain Propriety Information as described in Schedules I and II, attached hereto. In consideration of the above premises and the covenants hereinafter set forth, the parties agree as follows: 1. (a) As used herein, the term "Proprietary Information" means information related to the business of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain and the "Project" which (1) may derive economic value, actual or potential, from not being generally known to or readily ascertainable by other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts by Mr. E. T. Mountain that are reasonable under the circumstances to maintain its secrecy and Classification including; (i) marking any information reduced to tangible form clearly and conspicuously with a legend identifying its Confidential, Classification and Proprietary nature: (ii) identifying any oral presentation or communication as confidential immediately before, during or after such oral presentation or communication; or (iii) otherwise treating such information as Confidential. Assuming the criteria in clauses (1) and (2) above are met, Proprietary Information is described in Schedule II. (b) Proprietary Information does not include any information which (1) is already known to Receiver at the time it is disclosed to Receiver; (2) is disclosed by Receiver pursuant to a requirement of a governmental agency or of law without similar restrictions or other protections against public disclosure or is required to be disclosed by operation of law; provided, however, that Receiver shall first have given written notice of required disclosure to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain , made a reasonable effort to obtain a protective order requiring that the Proprietary Information so disclosed be used only for the purposes for which disclosure is required and taken reasonable steps to allow KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain to seek to protect the Confidentiality of the information required to be disclosed; or (3) before being divulged by Receiver, (i) has become generally known to the public through no wrongful act of Receiver, (ii) has been rightfully received by Receiver from a third party without restriction on disclosure and without breach of an obligation of Confidentiality running directly or indirectly to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain ; (iii) has been approved for release to the general public by a written authorization of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain ; (iv) has been independently developed by Receiver without use, directly or indirectly, of the
  • 2.
    Proprietary Information; or(v) has been furnished to a third party by KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain without restrictions on the third party's rights to disclose the information. 2. Receiver (a) must receive and hold the Proprietary Information in trust and in the strictest confidence: (b) must protect the Proprietary Information from disclosure and in no event take any action causing or fail to take action necessary in order to prevent the Proprietary Information disclosed to Receiver by KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain or developed by Receiver for KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain, to lose its character as Proprietary Information: and (c) must not use, reproduce, distribute, disclose or otherwise disseminate the Proprietary Information except to perform the Project. All reproductions of Proprietary Information must contain a Confidentiality and/or Classification legend. 3. Disclosures of the Proprietary Information may be made only to employees, agents or independent contractors of Receiver (a) who are directly involved in performing the Project and have a specific need to know such information; and (b) whom Receiver has obligated under a Confidentiality Agreement in the form of Schedule III, attached hereto to hold the Proprietary Information in trust and in strictest confidence; subject to the terms of this Agreement. Receiver agrees to diligently monitor and enforce each such Confidentiality Agreement and upon request by KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain promptly furnish KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain an executed and certified copy of each such Agreement and a certified list of Receivers employees, agents and independent contractors having had access to the Proprietary Information. 4. Within ten (10) days following the receipt of a written request from KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain, Receiver must deliver to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain all tangible materials containing or embodying the Proprietary Information together with a certificate executed by the President or Vice President of Receiver certifying that all such material in Receivers possession have been delivered to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain. 5. If Receiver should breach or threaten to breach any provisions of this Agreement, KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain in addition to any other remedies it may have at law or in equity, will be entitled to a restraining order, injunction or other similar remedy in order to specifically enforce the provisions of this Agreement. Receiver specifically acknowledges that money damages alone would be an inadequate remedy for the injuries and damages, which would be suffered and incurred by KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain or any Agency or Department of the Government of the United States, as a result of a breach of any provisions of this Agreement. In the event that KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain should seek an injunction hereunder, Receiver hereby waives any requirement that KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain submit proof of the economic value of any Proprietary Information or that KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain post a bond or any other security.
  • 3.
    6. Receiver representsand warrants that any information disclosed by Receiver to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain is not Confidential to Receiver or to any third party. Accordingly, no obligation of any kind is assumed by or to be implied against KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain by virtue of any information received (in whatever form or whenever received) from Receiver relating to the subject matter hereof, and KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain is free to reproduce, use and disclose to others such information without limitation. Receiver understands and acknowledges that KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain may now market or have under development products which are competitive with products or services now offered or which may be offered by Receiver, and the parties communications here under will not serve to impair the right of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain to develop, make, use, procure or market products and services now or in the future which may be competitive with those offered by Receiver, nor require KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain to disclose any planning or other information to Receiver. 7. This Agreement and the rights and obligations of the parties under the Agreement, may be assigned only upon the prior written approval of the parties. The rights and obligations of the parties will inure to the benefit of and will be binding upon and will be enforceable by the parties and their lawful successors and representatives. 8. The duration of this Agreement is for 100 (one hundred) years from the effective date. Neither expiration nor termination in any form shall release Receiver from any and all obligations set forth in this Agreement, including, Confidentiality, disclosure, transfer and/or communications; which remains the valuable property of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain. 9. The Receiver shall not transfer or export, directly or indirectly; any United States Source Data acquired from KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain to any country for which the United States Government or any Agency thereof requires, at the time of export, an export license or approval, without first obtaining such license or approval. At no time will Receiver transfer any information in any form which would be in violation of United States Law as set forth by Presidential Orders, The State Department, The Commerce Department, The Department of Defense, ODNI, The Department of Homeland Security, The U.S Secret Service, The Treasury Department, The National Security Agency, The National Reconnaissance Office, The Department of Justice, The National Programs Office, The Department of Energy, Missile Defense Agency, DIA, FBI, CIA, National Geospatial-Intelligence Agency, Defense Threat Reduction Agency, USAMRIID, DARPA, In-Q-tel, QinetiQ, Army, Air Force, Air Force Center for Engineering and the Environment, Navy, Naval Surface Warfare Center, Office of Naval Research, Marine, Coast Guard & Naval Intelligence, Air Force Technical Applications Center, Air Force Research Lab, The National Intelligence Director, intergovernmental agencies, defense contractors, civilian contractors, Air Force Space Command, Special Operations Command or any AGENCY OR DEPARTMENT of the Government of the United States. ANY attempt or approach from a third party to compromise any aspect of this Agreement obligates Receiver to immediately inform
  • 4.
    KGBMD (501 c3), KGBMD.org and Mr. E. T. Mountain of the attempt, method and parties involved; and assist, to the best of Receivers abilities, KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain and any AGENCY OR DEPARTMENT of the United States Government in providing accurate, complete & timely information. 10. No modifications of this Agreement or waiver of any of its terms will be effective unless set forth in a writing, signed by the party against whom it is sought to be enforced. This Agreement will be governed by and construed in accordance with the laws of the State of Nevada and the Government of the United States. Receiver Mr. E. T. Mountain Name Title Corporation Address Phone Fax E-mail Signature Date Confirmations Security Clearance Identifications United States Citizen Social Security # Drivers License # State of Issue Place of Birth Date of Birth Biometric Scans © 1989-2010 Mr. E. T. Mountain All Rights Reserved
  • 5.
    SCHEDULE I PROJECT DESCRIPTION specificto KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain The "Project" entails discussions and any subsequent Agreements between the parties concerning Project # 0000, the sole and valuable property of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain, including all aspects of the Project, as defined in Schedule II, which will be more fully detailed to Receiver following the execution of this Agreement by the parties. This Agreement does not imply, express or establish any license, grant, joint venture, royalty, partnership, merger, acquisition or any other financial relationship or arrangement with the Receiver, which is beyond the scope of this instrument. © 1975-2009 Mr. E. T. Mountain All Rights Reserved
  • 6.
    SCHEDULE II DESCRIPTION OFPROPRIETARY INFORMATION specific to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain Proprietary Information includes all aspects of the Project, including: the existence, specifications, features, benefits, related documentation, tangible and intangible forms of released and unreleased, in whole or in part, all forms of media, written and oral, including, electronic, analog, digital, encrypted, audio, video, P2P, downloadable or non-downloadable, hard disk, floppy, Flash Drive, Zip Drive, via USB connection, remote disk drive, DVD, CD, in any wave band, secured or unsecured, communications, spoken, printed, non-printed, handwritten, on paper or any other surface, any computer or storage device, transmitted in any form, the transference and communication in any form or degree of; information, technologies, research, markets, products, processes, prototype, know- how, samples, applications, projects, programs, trade secrets, technical data, non-technical data, patterns, designs, compilations, formula, inventions, drawings, algorithms, schematics, equations, knowledge, technique, materials, strategies, the development of existing and future products, processes and/or services, and intellectual property; including the creation, ideation, manufacturing, processing, commercialization, use, applications and control of each; including any and all contact in any form to date, also including the property, finances, intellectual capital, intellectual property rights, employees, agents, independent contractors, associates and affiliates of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain, and the existence, nature and details of KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain's relationship with Receiver, including the existence and entirety (pages 1 through 7) of this Confidentiality Agreement. © 1989-2010 Mr. E. T. Mountain All Rights Reserved
  • 7.
    SCHEDULE III EMPLOYEE, AGENTOR INDEPENDENT CONTRACTOR specific to KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain THIS AGREEMENT entered into and formalized on (Date), between each of the individuals executing the Agreement under the heading "Employee, Agent or Independent Contractor" at the end of the Agreement (page 7 of 7), severally and not jointly (each such individual being referred to herein as ("Receiver"), and is effective as of (Date). The parties acknowledge the following facts: Receiver and KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain desire to engage in a business relationship (the "Project") and In order to protect any Proprietary Information disclosed to Receiver by KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain, or developed by Receiver for KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain in connection with the Project, KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain and Receiver have entered into a Confidentiality Agreement dated as of ________ (the "Agreement"), a copy of which is attached hereto and made a part hereof as Exhibit A and by this reference incorporated herein. All capitalized terms used herein without definition shall have the meaning set forth in the Agreement. In consideration of the above premises and the covenants hereafter set forth, the parties agree as follows: 1. Employee, Agent or Independent Contractor (a) must receive and hold the Proprietary Information in trust and in the strictest confidence: (b) must protect the Proprietary Information from disclosure and in no event take any actions causing, or fail to take actions necessary in order to prevent, any Proprietary Information to lose its character as Proprietary Information and (c) must not use, reproduce, distribute, disclose or otherwise disseminate the Proprietary Information except in connection with the Project. Any and all reproductions of the Proprietary Information must prominently contain a Confidentiality and/or Classification Legend. 2. This Agreement, although between Employee, Agent, Independent Contractor and Receiver, will be fully enforceable in every respect, at law or in equity, by KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain as a third party beneficiary hereunder. 3. If Employee, Agent or Independent Contractor should breach or threaten to breach any of the provisions of this Agreement, Receiver and KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain, in addition to any other remedies it may have at law or equity, will be entitled to a restraining order, injunction or other similar remedy in order to specifically enforce the provisions of this Agreement. Employee, Agent or Independent Contractor specifically acknowledges that money damages alone would be an inadequate remedy for the injuries and damages, which would be suffered and incurred by Receiver and KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain as a result of a breach of any provisions of the Agreement. In the event that Receiver or KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain should seek an injunction hereunder. Employee, Agent or Independent Contractor hereby waives any requirement that Receiver or KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain submit proof of the economic value of any Proprietary Information or that Receiver or KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain post a bond or any other security. No modifications of this Agreement or waiver of any of its terms will be effective unless set forth in a writing signed by the party against whom it is sought to be enforced. This Agreement will be governed by and construed in accordance with the laws of the State of Nevada and the Government of the United States. © 1989-2010 Mr. E. T. Mountain All Rights Reserved
  • 8.
    EMPLOYEE, AGENT ORINDEPENDENT CONTRACTOR As a party to non-disclosure agreement #0000 between KGBMD (501 c 3), KGBMD.org and Mr. E. T. Mountain and ________ ("Receiver") dated ________, as described therein. Name Title Corporation Address Phone Fax E-mail Signature Date Confirmations Security Clearance Identifications United States Citizen Social Security # Drivers License # State of Issue Place of Birth Date of Birth Biometric Scans © 1989-2010 Mr. E. T. Mountain All Rights Reserved