Common use of Communication with Government Agency; Immunity Clause in Contracts

Communication with Government Agency; Immunity. This Agreement does not preclude me from filing an administrative charge or otherwise communicating with any federal, state or local government office, official or agency. I promise never to seek or accept any damages, remedies or other relief for myself personally with respect to any Claim released by Paragraph 2(a) of this Agreement. Nothing in this Agreement is designed to interfere with, restrain, restrict, or prevent communications protected by state or federal law, including as protected by (a) Section 7 of the National Labor Relations Act of 1935 (“NLRA”) (or court order), regarding wages, hours, or other terms and conditions of employment or (b) Exchange Act Rule 21F-17, addressing communications (including by my attorney) with, or testimony before, the SEC, FINRA, or other regulatory authority regarding possible securities law violations. Furthermore, nothing in this Agreement prohibits me from communicating with or reporting possible violations of law or regulation to any federal, state, or local governmental office, official, agency, or entity. Notwithstanding my confidentiality obligations set forth in this Agreement, I understand that, pursuant to the Defend Trade Secrets Act of 2016, I will not be held criminally or civilly liable under any U.S. Federal or State trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. I also understand that if I file a lawsuit for retaliation by the Company for reporting a suspected violation of law, I may disclose the trade secret to my attorney and use the trade secret information in the court proceeding, if I (A) file any document containing the trade secret under seal; and (B) do not disclose the trade secret, except pursuant to court order. I understand that if a disclosure of trade secrets was not done in good faith pursuant to the above, then I may be subject to liability, including, without limitation, punitive damages and attorneys’ fees.

Appears in 5 contracts

Samples: Separation Agreement and General (Factset Research Systems Inc), Separation Agreement and General (Factset Research Systems Inc), Separation Agreement and General (Factset Research Systems Inc)

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Communication with Government Agency; Immunity. This Agreement does not preclude me from filing an administrative charge or otherwise communicating with any federal, state state, local or local non-U.S. government office, official or agency, or from reporting possible violations of any law or regulation, making disclosures to, and/or participating in any investigation or proceeding conducted by any federal, state, local or non-U.S. agency, including the National Labor Relations Board, the Equal Employment Opportunity Commission, the Securities and Exchange Commission (“SEC”), the Department of Fair Employment and Housing and/or any governmental authority charged with the enforcement of any employment laws. However, I promise never understand that by signing this Agreement I am waiving the right to seek recover any damages or accept any damages, remedies or to receive other relief for myself personally in any claim or suit brought by any such federal, state, local or non-U.S agency on my behalf, or with respect to any Claim released by Paragraph 2(a) of this Agreement. Nothing in this Agreement is designed , to interfere with, restrain, restrict, or prevent communications protected the fullest extent permitted by state or federal applicable law, including as protected by (a) Section 7 of the National Labor Relations Act of 1935 (“NLRA”) (or court order), regarding wages, hours, or other terms and conditions of employment or (b) Exchange Act Rule 21F-17, addressing communications (including by my attorney) with, or testimony before, the SEC, FINRA, or other regulatory authority regarding possible securities law violations. Furthermore, nothing in this Agreement prohibits me from communicating from: (i) filing and, as provided for under Section 21F of the Securities Exchange Act of 1934 (the “Exchange Act”), maintaining the confidentiality of a claim with or reporting possible violations of law or regulation the SEC; (ii) providing Confidential Information (as defined in Section 6(g) below) to any federal, statethe SEC, or local governmental officeproviding the SEC with information that would otherwise violate any provision of this Agreement, officialto the extent permitted by Section 21F of the Exchange Act; (iii) cooperating, agency, participating or entityassisting in an SEC investigation or proceeding without notifying the Company; or (iv) receiving a monetary award as set forth in Section 21F of the Exchange Act. Notwithstanding my confidentiality obligations set forth in this Agreement, I understand that, pursuant to the Defend Trade Secrets Act of 2016, I will not be held criminally or civilly liable under any U.S. Federal or State trade secret law for the disclosure of a trade secret that: (Ai) is made (iA) in confidence to a Federalfederal, Statestate, local or local non-U.S. government official, either directly or indirectly, or to an attorney; and (iiB) solely for the purpose of reporting or investigating a suspected violation of law; or (Bii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. I also understand that if I file a lawsuit for retaliation by the Company for reporting a suspected violation of law, I may disclose the trade secret to my attorney and use the trade secret information in the court proceeding, if I (Ai) file any document containing the trade secret under seal; and (Bii) do not disclose the trade secret, except pursuant to court order. I understand that if a disclosure of trade secrets was not done in good faith pursuant to the above, then I may be subject to liability, including, without limitation, punitive damages and attorneys’ fees.

Appears in 2 contracts

Samples: Second Release (Factset Research Systems Inc), Second Release (Factset Research Systems Inc)

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Communication with Government Agency; Immunity. This Agreement does not preclude me from filing an administrative charge or otherwise communicating with any federal, state state, local or local non-U.S. government office, official or agency, or from reporting possible violations of any law or regulation, making disclosures to, and/or participating in any investigation or proceeding conducted by any federal, state, local or non-U.S. agency, including the National Labor Relations Board, the Equal Employment Opportunity Commission, the Securities and Exchange Commission (“SEC”), the Department of Fair Employment and Housing and/or any governmental authority charged with the enforcement of any employment laws. However, I promise never understand that by signing this Agreement I am waiving the right to seek recover any damages or accept any damages, remedies or to receive other relief for myself personally in any claim or suit brought by any such federal, state, local or non-U.S. agency on my behalf, or with respect to any Claim released by Paragraph 2(aSection 3(a) of this Agreement. Nothing in this Agreement is designed , to interfere with, restrain, restrict, or prevent communications protected the fullest extent permitted by state or federal applicable law, including as protected by (a) Section 7 of the National Labor Relations Act of 1935 (“NLRA”) (or court order), regarding wages, hours, or other terms and conditions of employment or (b) Exchange Act Rule 21F-17, addressing communications (including by my attorney) with, or testimony before, the SEC, FINRA, or other regulatory authority regarding possible securities law violations. Furthermore, nothing in this Agreement prohibits me from communicating from: (i) filing and, as provided for under Section 21F of the Securities Exchange Act of 1934 (the “Exchange Act”), maintaining the confidentiality of a claim with or reporting possible violations of law or regulation the SEC; (ii) providing Confidential Information (as defined in Section 5(g) below) to any federal, statethe SEC, or local governmental officeproviding the SEC with information that would otherwise violate any provision of this Agreement, officialto the extent permitted by Section 21F of the Exchange Act; (iii) cooperating, agency, participating or entityassisting in an SEC investigation or proceeding without notifying the Company; or (iv) receiving a monetary award as set forth in Section 21F of the Exchange Act. Notwithstanding my confidentiality obligations set forth in this Agreement, I understand that, pursuant to the Defend Trade Secrets Act of 2016, I will not be held criminally or civilly liable under any U.S. Federal or State trade secret law for the disclosure of a trade secret that: (Ai) is made (iA) in confidence to a Federalfederal, Statestate, local or local non-U.S. government official, either directly or indirectly, or to an attorney; and (iiB) solely for the purpose of reporting or investigating a suspected violation of law; or (Bii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. I also understand that if I file a lawsuit for retaliation by the Company for reporting a suspected violation of law, I may disclose the trade secret to my attorney and use the trade secret information in the court proceeding, if I (Ai) file any document containing the trade secret under seal; and (Bii) do not disclose the trade secret, except pursuant to court order. I understand that if a disclosure of trade secrets was not done in good faith pursuant to the above, then I may be subject to liability, including, without limitation, punitive damages and attorneys’ fees.

Appears in 1 contract

Samples: Separation Agreement and General Release (Factset Research Systems Inc)

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