confidentiality, intellectual property and restrictive covenant protective agreement dated 15 july 2019 state street asia limited and francisco aristeguieta confidentiality, intellectual property and restrictive covenant protective agreement this confidentiality, intellectual property and restrictive covenant protective agreement ( “ agreement ” ) is dated 15 july 2019 between state street asia limited ( the “ company ” or “ state street ” ), whose registered office is at l68, two international finance centre, 8 finance street, central, hong kong ; and francisco aristiguieta of [ address ] ( the “ employee ” or “ you ” ) ; this agreement now witnesses as follows : 1. undertakings you agree to the undertakings and terms set out below. for the avoidance of doubt, this agreement is not a contract of employment as defined by the employment ordinance or otherwise. 2. confidentiality 2. 1 you acknowledge that you have access to confidential information which is not generally known or made available to the general public and that such confidential information is the property of the company, its associated companies, or its or their licensors, suppliers or customers. subject to clause 12, below, you agree specifically as follows, in each case whether during your employment or following the termination thereof : - ( a ) you will always preserve as confidential all confidential information, and will never use it for your own benefit or for the benefit of others ; this includes that you will not use the knowledge of activities or positions in clients ’ securities portfolio accounts or cash accounts for your own personal gain or for the gain of others. ( b ) you will not disclose, divulge, or communicate confidential information to any unauthorized person, business or corporation during or after the termination of your employment with the company and its associated companies. you will use your best efforts and exercise due diligence to protect, to not disclose and to keep as confidential all confidential information. ( c ) you will not initiate or facilitate any unauthorized attempts to intercept data in transmission or attempt entry into data systems or files. you will not intentionally affect the integrity of any data or systems of the company or any of its associated companies through the introduction of unauthorized code or data, or through unauthorized deletion or addition. you will abide by all applicable information security policies and procedures of the company and its associated companies. ( d ) upon the earlier of request or termination of employment, you agree to return to the company or the relevant associated companies, or if so directed by the company or the relevant associated companies