The employer and Fire chief, treating physician/nurse or other health professional may use the following standard Confidentiality Agreement to protect trade secrets.
CONFIDENTIALITY AGREEMENT THIS AGREEMENT, entered into this __________ day of __________ between _______________ (hereinafter called “Employer”) and _______________ (Fire Chief of the City of Cleveland or _______________ (a physician/nurse) (hereinafter called “Trade Secret Recipient”). WITNESSETH: Whereas, in its business, Employer has developed and uses commercially valuable chemical information and formulae, which information Employer desires to hold as secret and confidential; and Whereas, Trade Secret Recipient has a right to receive the chemical identification of specific chemical components used by Employer, pursuant to Section 393.17 of the Codified Ordinances of Cleveland, Ohio, 1976; Now, therefore, in consideration of the mutual promises made herein, the parties agree as follows: 1. All disclosures to Trade Secret Recipient of the chemical identification of specific chemical components used by Employer shall be denoted as confidential information by Employer and treated as such by Trade Secret Recipient. 2. Trade Secret Recipient shall keep such confidential information in separate, personal files to which only Trade Secret Recipient has access; shall not make copies of the documents provided; shall take reasonable steps to protect the confidentiality of the specific chemical identity of the trade secret; and shall not disclose the chemical identity of the requested trade secret to any person who has not signed a confidentiality agreement with Employer, provided that if there is a need to consult about appropriate treatment, Trade Secret Recipient may disclose the chemical identity to a nonsignatory so long as neither the employer nor employee’s name is disclosed to the same consultant. 3. The trade secret information shall be used only in connection with the incident which gave rise to disclosure of the information, or with the treatment of the person(s) exposed to the chemical. 4. Trade Secret Recipient may share with nonsignatories advice as to the appropriate medical treatment of exposed employees or advice as to proper fire prevention techniques to be used, provided that the specific chemical identity is not disclosed. Such advice shall not be deemed disclosure of the trade secret information. 5. This Agreement shall remain in effect unless Trade Secret Recipient obtains Employer’s written consent to release the denoted confidential information or Employer’s written release from this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement in duplicate as of the date first written above. EMPLOYER _______________________________________________________________________________ Printed Name By: ________________________________________________________________________________ TRADE SECRET RECIPIENT ___________________________________________________________________________________ Printed Name By: ________________________________________________________________________________ |
(Ord. No. 2704-B-83. Passed 3-4-85, eff. 4-13-85)