7. No Admissions. By entering into this Release, neither the Executive nor the Company make any admission that either has engaged, or is now engaging, in any unlawful conduct. The parties understand and acknowledge that this Release is not an admission of liability and shall not be used or construed as such in any legal or administrative proceeding.
8. Cooperation. The Executive agrees to be reasonably available to and reasonably cooperate with the Company and its counsel as reasonably necessary in connection with any investigation, administrative proceeding or litigation relating to any matter, occurring during and relating to his employment, and in which the Executive was involved or of which the Executive had knowledge. The Executive understands and agrees that such cooperation includes, but is not limited to, making himself reasonably available to the Company and/or its counsel upon reasonable notice for interviews and factual investigations; volunteering to the Company or its counsel pertinent information; and turning over or making available to the Company relevant documents that are or may come into the Executives possession. The Executive agrees that, in the event he is subpoenaed by any person or entity (including, but not limited to, any government agency) to give testimony (in a deposition, court proceeding or otherwise) that in any way relates to the Executives employment with the Company, he will give prompt notice of such request to [ ]. The Executive will make no disclosure until the Company has had a reasonable opportunity to contest the right of the requesting person or entity to such disclosure except as prohibited by law. The Executives cooperation and assistance pursuant to this Section 8 shall be at no expense to himself; the Company agrees to reimburse him for reasonable expenses he incurs as a result of his obligations under this Section upon receipt of documentation in a form reasonably acceptable to the Company.
9. Return of Property. Executive confirms that as of the date of the execution of this Release, he has returned to the Company in good working order all the Company property within his possession, custody and control. Such property includes, but is not limited to, strategic plans and files, technical and intellectual property data and files, electronic equipment, memory sticks or USB flash drives, keys, software, calculators, equipment, credit cards, forms, files, manuals, correspondence, business cards, personnel data, lists of or other information regarding customers, contacts and/or employees, contracts, contract information, agreements, leases, plans, brochures, catalogues, training materials, computer tapes and diskettes or other portable media [ ].
10. Confidentiality. The parties agree that the terms and conditions of this Release and the separation of the Executives employment from the Company are intended to remain strictly confidential between the Executive and the Company. The parties further agree that neither will disclose the terms of this Release to any other person, excluding attorney(s), accountant(s), lender(s), immediate family members to the extent needed for legal advice, income tax reporting purposes, or other financial purposes, or as otherwise required by law and to the Internal Revenue Service to the extent required by law. However, nothing in this Release, including the obligations of Executive pursuant to Sections 8, 9, and 10 of the Release, shall be construed to prohibit Executive from reporting alleged improper or unlawful conduct to, or participating in any investigation or proceeding conducted by any federal or state government agency or self-regulatory organization.