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plan in which Employee may participate, and that the terms and provisions of any employee benefit
<br />plan of the Utilities are matters within the exclusive province of the Utilities Commission, subject
<br />to applicable law. Upon the termination of Employee’s employment, Employee will be entitled to
<br />continue those benefits as to which continuation is required by state or federal law.
<br />Utilities Vehicleand Fuel. Based on the expectation that Employee will regularly be
<br />available to respond in a timely and appropriate manner to calls about Utilities business outside of
<br />regular business hours, Employee will be provided an assigned and marked Utilities vehicle for
<br />his use, which shall be subject to this Agreement, the Utilities’s Use and Disposal of Utility
<br />Property policy, and all other applicable Utilities policies. Employee will be provided with tokens
<br />or other means by which he may purchase fuel for the Utilitiesvehicle within the city of Elk River,
<br />and a Utilities credit card with which he may purchase fuel for the Utilities vehicle when outside
<br />the city of Elk River. Employee is required to track and regularly report to the Utilities the mileage
<br />for his personal use of the company vehicle, for tax and accounting purposes, which the Utilities
<br />will treat as a taxable benefit to him.
<br />Professional and Civic Dues, Fees, and Expenses. The Utilities shall pay for Employee’s
<br />reasonable professional dues, fees, and expenses for membership in and attendance at professional
<br />and civic organizations and events and conferences reasonably related to Employee’s position with
<br />the Utilities; but the Utilities reserves the right to require that the Utilities Commission approve
<br />such dues, fees, and expenses in advance of their being incurred.
<br />5. Confidential Information.
<br />5.1. Definition of Confidential Information. For purposes hereof, “Confidential
<br />Information” means any non-public information regarding the Utilities or any affiliated entity,
<br />including but not limited to the City of Elk River (each, an “Affiliate”), or any of their employees,
<br />directors, representatives, suppliers, vendors, shareholders, members, customers, or other third
<br />parties or entities with whom the Utilities or any Affiliate does business which the Employee learns
<br />or develops during Employee’s application for and/or employment with the Utilities, whether
<br />developed by Employee or by others and in whatever form, and includes, but is not limited to,
<br />trade secrets, Inventions (as defined below), financial information, key personnel information, and
<br />information relating to such matters as existing or contemplated products, services, research and/or
<br />development, insurance arrangements, profit margins, fee schedules, pricing, design, processes,
<br />formulae, business plans, sales techniques, marketing techniques, training methods, manuals and
<br />materials, policies or practices related to business, or other matters, computer databases, computer
<br />programs, software and other technology, customer lists, customer preferences or requirements,
<br />vendor lists, or supply information. Any information disclosed to the Employee or to which the
<br />Employee has access during the time of Employee’s application for and/or employment with the
<br />Utilities that Employee reasonably considers to be Confidential Information, or which the Utilities
<br />or any Affiliate treats as Confidential Information, will be presumed Confidential Information.
<br />5.2. Restrictions. Employee agrees not to, directly or indirectly, use or disclose any
<br />Confidential Information for the benefit of anyone other than the Utilities either during Employee’s
<br />employment with the Utilities or after Employee’s employment with the Utilities ends, regardless
<br />of the reason for such separation of employment. Employee recognizes that the Confidential
<br />Information constitutes a valuable asset of the Utilities and hereby agrees to act in such a manner
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