Protected Activity Not Prohibited. Nothing in this Agreement or in any other agreement between you and the Company, as applicable, will in any way limit or prohibit you from engaging for a lawful purpose in any Protected Activity. For purposes of this Agreement, "Protected Activity" means filing a charge, complaint, or report with, or otherwise communicating, cooperating, or participating in any investigation or proceeding that may be conducted by, any state, federal, or local governmental agency or commission, including the U.S.
... Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government Agencies"). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the Government Agencies. You further understand that "Protected Activity" does not include the disclosure of any Company attorney-client privileged communications. Any language in the Confidentiality Agreement regarding your right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order.
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Protected Activity Not Prohibited.
Nothing Executive understands that nothing in this
Transition Agreement
or in any other agreement between you and the Company, as applicable, will shall in any way limit or prohibit
you Executive from engaging
for a lawful purpose in any Protected Activity.
For purposes of this Agreement, "Protected Activity" means Protected Activity includes: (i) filing
and/or pursuing a charge, complaint, or report with, or otherwise communicating, cooperating, or participating in any investigation or proceedi
...ng that may be conducted by, by any state, federal, state or local governmental government agency or commission, including the U.S. Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government Agencies"). You understand ("Government Agencies"); and/or (ii) disclosing information pertaining to sexual harassment or any other unlawful or potentially unlawful conduct in the workplace, to the extent protected by applicable law. Executive understands that in connection with such Protected Activity, you are Executive is permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the Government Agencies. You Executive further understand understands that "Protected Activity" does not include the disclosure of any Company attorney-client privileged communications. communications or attorney work product. Any language in the Confidentiality Agreement regarding your Executive's right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph section is superseded by this Transition Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are Executive is notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order. -3- 7. Governing Law and No Oral Modification. This Transition Agreement shall be governed by the laws of the State of California, without regard for choice-of-law provisions. This Transition Agreement may only be amended in a writing signed by Executive and an authorized member of the Company's Board of Directors.
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Protected Activity Not Prohibited.
Nothing Employee understands that nothing in this Agreement or in
any other agreement between you and the
Company, as applicable, will Supplemental Release shall in any way limit or prohibit
you Employee from engaging
for a lawful purpose in any Protected Activity. For purposes of this
Agreement, Agreement and the Supplemental Release, "Protected Activity"
means shall mean filing a charge, complaint, or report with, or otherwise communicating, cooperating, or participating in any investigation o
...r proceeding that may be conducted by, any state, federal, state or local governmental government agency or commission, including the U.S. Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government ("Government Agencies"). You understand Employee understands that in connection with such Protected Activity, you are Employee is permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute 7 4834-3858-9691.2 Company confidential information under the Confidentiality Agreement to any parties other than the Government Agencies. You Employee further understand understands that "Protected Activity" does not include the disclosure of any Company attorney-client privileged communications. communications or attorney work product. Any language in the Confidentiality Agreement regarding your Employee's right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are Employee is notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) (a) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) (b) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement prohibits Employee from discussing the terms, wages, and working conditions of Employee's employment. Finally, nothing in this Agreement or in the Supplemental Release constitutes a waiver of any rights Employee may have under the Sarbanes-Oxley Act or Section 7 of the National Labor Relations Act, and nothing in this Agreement, the Supplemental Release, or in the Confidentiality Agreement prevents Employee from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Employee has reason to believe is unlawful.
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Protected Activity Not Prohibited.
Nothing Executive understands that nothing in this Agreement
or in any other agreement between you and the Company, as applicable, will shall in any way limit or prohibit
you Executive from engaging
for a lawful purpose in any Protected Activity.
For purposes of this Agreement, "Protected Activity" means Protected Activity includes: (i) filing
and/or pursuing a charge, complaint, or report with, or otherwise communicating, cooperating, or participating in any investigation or proceeding that may
... be conducted by, by any state, federal, state or local governmental government agency or commission, including the U.S. Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government Agencies"). You understand ("Government Agencies"); and/or (ii) discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Executive has reason to believe is unlawful. Executive understands that in connection with such Protected Activity, you are Executive is permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree Executive agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any Company trade secrets, proprietary information, or confidential information that may constitute Company confidential information under does not involve unlawful acts in the Confidentiality Agreement to any parties other than workplace or the Government Agencies. You activity otherwise protected herein. Executive further understand understands that "Protected Activity" Protected Activity does not include the disclosure of any Company attorney-client privileged communications. communications or attorney work product. Any language in the Confidentiality Agreement regarding your Executive's right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph section is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are Executive is notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order.
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Protected Activity Not Prohibited.
Nothing Notwithstanding any contrary provision of the Agreement or the Confidentiality Agreement, nothing in this
Agreement, or the Confidentiality Agreement
will prohibit or
in any other agreement between you and the Company, as applicable, will in any way limit or prohibit impede you from engaging
for a lawful purpose in any Protected Activity. For purposes of this Agreement, "Protected Activity"
means will mean communicating, cooperating or filing a
charge, complaint, or report with, or other...wise communicating, cooperating, or participating in complaint with any investigation or proceeding that may be conducted by, any state, U.S. federal, state or local governmental or law enforcement branch, agency or commission, including entity, including, but not limited to, the U.S. Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government Agencies"). You understand (collectively, a "Governmental Entity") with respect to possible violations of any U.S. federal, state or local law or regulation, or otherwise making disclosures to any Governmental Entity, in each case, that are protected under the whistleblower provisions of any such law or regulation; provided that, in connection each case, such communications and disclosures are consistent with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. applicable law. Notwithstanding the foregoing, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under (as defined in the Confidentiality Agreement or any other agreement between you and the Company or any parent, subsidiary or other affiliate of the Company relating to the protection of confidential information) in a manner not protected by applicable law (each, a "Confidential Information Agreement") to any parties other than the Government Agencies. Governmental Entities. You further understand that "Protected Activity" Protected Activity does not include the disclosure of any Company attorney-client privileged communications. communications or attorney work product. Any language in the Confidentiality Agreement regarding your right to engage in Protected Activity or any Confidential Information Agreement that conflicts with, or is contrary to, this paragraph is superseded by this Agreement. In addition, You understand and acknowledge that pursuant to the Defend Trade Secrets Act of 2016, you are notified that 2016 (a) an individual will not be held criminally or civilly liable under any federal Federal or state State trade secret law for the disclosure of a trade secret that (i) is made (i) in confidence to a federal, Federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, seal and (b) an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney of the individual and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal seal, and does not disclose the trade secret, except pursuant to court order.
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Protected Activity Not Prohibited.
Nothing Executive understands that nothing in this Agreement or in
any other agreement between you and the
Company, as applicable, will Separation Date Release shall in any way limit or prohibit
you Executive from engaging
for a lawful purpose in any Protected Activity. For purposes of this
Agreement, Agreement and the Separation Date Release, "Protected Activity"
means shall mean filing a charge, complaint, or report with, or otherwise communicating, cooperating, or participating in any investi
...gation or proceeding that may be conducted by, any state, federal, state or local governmental government agency or commission, including the U.S. Securities and Exchange Commission, the Equal Employment Opportunity 8 Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government ("Government Agencies"). You understand Executive understands that in connection with such Protected Activity, you are Executive is permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree Executive agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the Government Agencies. You Executive further understand understands that "Protected Activity" does not include the disclosure of any Company attorney-client privileged communications. communications or attorney work product. Any language in the Confidentiality Agreement regarding your Executive's right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph Section is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are Executive is notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) (a) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) (b) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order. Finally, nothing in this Agreement or in the Separation Date Release constitutes a waiver of any rights Executive may have under the Sarbanes-Oxley Act or Section 7 of the National Labor Relations Act.
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Protected Activity Not Prohibited.
Nothing Executive understands that nothing in this Agreement
or in any other agreement between you and the Company, as applicable, will shall in any way limit or prohibit
you Executive from engaging
for a lawful purpose in any Protected
Activity. For purposes of Activity as defined in this
Agreement, paragraph. "Protected Activity"
means includes filing a charge, complaint, or report with, or otherwise communicating, cooperating, or
participating participating, voluntarily or as compelled, in
-6...- any inquiry, examination, investigation or proceeding that may be conducted by, any state, federal, state or local governmental government agency or commission, including the U.S. Securities and Exchange Commission, the Department of Justice, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government Agencies"). You understand ("Government Entitites"). Executive understands that in connection with such Protected Activity, you are Executive is permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree Executive agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the Government Agencies. You Entitites. Executive further understand understands that "Protected Activity" does not include the intentional and knowing disclosure of any Company attorney-client privileged communications. communications or attorney work product. Any language in the Confidentiality Employment Agreement regarding your Executive's right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph section is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are Executive is notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order.
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Protected Activity Not Prohibited.
Nothing Employee understands that nothing in this Agreement or in
any other agreement between you and the
Company, as applicable, will Supplemental Release shall in any way limit or prohibit
you Employee from engaging
for a lawful purpose in any Protected Activity. For purposes of this
Agreement, Agreement and the Supplemental Release, "Protected Activity"
means shall mean filing a charge, complaint, or report with, or otherwise communicating, cooperating, or participating in any investigation o
...r proceeding that may be conducted by, any state, federal, state or local governmental government agency or commission, including the U.S. Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government ("Government Agencies"). You understand Employee understands that in connection with such Protected Activity, you are Employee is permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the Government Agencies. You Employee further understand understands that "Protected Activity" does not include the disclosure of any Company attorney-client privileged communications. communications or attorney work product. Any language in the Confidentiality Agreement regarding your Employee's right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are Employee is notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) (a) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected 7 violation of law, or (ii) (b) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement prohibits Employee from discussing the terms, wages, and working conditions of Employee's employment. Finally, nothing in this Agreement or in the Supplemental Release constitutes a waiver of any rights Employee may have under the Sarbanes-Oxley Act or Section 7 of the National Labor Relations Act, and nothing in this Agreement or in the Confidentiality Agreement prevents Employee from disclosing information pertaining to sexual harassment, sexual assault or any other unlawful or potentially unlawful conduct in the workplace.
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Protected Activity Not Prohibited.
Nothing Employee understands that nothing in this Agreement
or in any other agreement between you and the Company, as applicable, will shall in any way limit or prohibit
you Employee from engaging
for a lawful purpose in any Protected Activity.
For purposes of this Agreement, "Protected Activity" means Protected Activity includes: (i) filing
and/or pursuing a charge, complaint, or report with, or otherwise communicating, cooperating, or participating in any investigation or proceeding that may b
...e conducted by, by any state, federal, state or local governmental government agency or commission, including the U.S. Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government Agencies"). You understand ("Government Agencies"); and/or (ii) discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Employee has reason to believe is unlawful; (iii) disclosing or discussing the terms, wages, and working conditions of Employee's employment as protected by applicable law. Employee understands that in connection with such Protected Activity, you are Employee is permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any Company trade secrets, proprietary information, or confidential information that may constitute Company confidential information under does not involve unlawful acts in the Confidentiality Agreement to any parties other than workplace or the Government Agencies. You activity otherwise protected herein. Employee further understand understands that "Protected Activity" Protected Activity does not include the disclosure of any Company attorney-client privileged communications. communications or attorney work product. Any language in the Confidentiality Agreement regarding your Employee's right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph section is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are Employee is notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order.
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Protected Activity Not Prohibited.
Nothing Employee understands that nothing in this Agreement or in
any other agreement between you and the
Company, as applicable, will Supplemental Release shall in any way limit or prohibit
you Employee from engaging
for a lawful purpose in any Protected Activity. For purposes of this
Agreement, Agreement and the Supplemental Release, "Protected Activity"
means shall mean filing a charge, complaint, or report with, or otherwise communicating, cooperating, or participating in any investigation o
...r proceeding that may be conducted by, any state, federal, state or local governmental government agency or commission, including the U.S. Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government ("Government Agencies"). You understand Employee understands that in connection with such Protected Activity, you are Employee is permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the Government Agencies. You Employee further understand understands that "Protected Activity" does not include the disclosure of any Company attorney-client privileged communications. communications or attorney work product. Any language in the Confidentiality Agreement regarding your Employee's right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are Employee is notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) (a) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) (b) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement prohibits Employee from discussing the terms, wages, and working conditions of Employee's employment. Finally, nothing in this Agreement or in the Supplemental Release constitutes a waiver of any rights Employee may have under the Sarbanes-Oxley Act or Section 7 of the National Labor Relations Act, and nothing in this Agreement or in the Confidentiality Agreement prevents Employee from disclosing information pertaining to sexual harassment, sexual assault or any other unlawful or potentially unlawful conduct in the workplace.
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Protected Activity Not Prohibited.
Nothing Employee understands that nothing in this Agreement
or in any other agreement between you and the Company, as applicable, will shall in any way limit or prohibit
you Employee from engaging for a lawful purpose in any Protected Activity. For purposes of this Agreement, "Protected Activity"
means shall mean filing a
charge, charge or complaint,
or report with, or otherwise communicating, cooperating, or participating
in any investigation or proceeding that may be conducted by, with, any st
...ate, federal, or local other governmental agency or commission, agency, including the U.S. Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (the "Government ("Government Agencies"). You understand Employee understands that in connection with such Protected Activity, you are Employee is permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, you agree Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the Government Agencies. You Employee further understand understands that "Protected Activity" does not include the disclosure of any Company attorney-client privileged communications. communications, and that any such disclosure without the Company's written consent shall constitute a material breach of this Agreement. Any language in the Confidentiality Agreement regarding your Employee's right to engage in Protected Activity that conflicts with, or is contrary to, this paragraph is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, you are Employee is notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual's attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order. order.28. Counterparts. This Agreement may be executed in counterparts and by facsimile, and each counterpart and facsimile shall have the same force and effect as an original and shall constitute an effective, binding agreement on the part of each of the undersigned.
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