Common use of Defend Trade Secrets Act Disclaimer Clause in Contracts

Defend Trade Secrets Act Disclaimer. a. Nothing in this Agreement is intended to discourage or restrict Executive from reporting any theft of trade secrets pursuant to the Defend Trade Secrets Act of 2016 (the “DTSA”) or other applicable state or federal law. The DTSA prohibits retaliation against an employee because of whistleblower activity in connection with the disclosure of trade secrets, so long as any such disclosure is made either (i) in confidence to an attorney or a federal, state, or local government official and solely to report or investigate a suspected violation of the law, or (ii) under seal in a complaint or other document filed in a lawsuit or other proceeding. b. If Executive believes that any employee or any third party has misappropriated or improperly used or disclosed trade secrets or Confidential Information, Executive should report such activity to the Company’s Chief Financial Officer. This Agreement is in addition to and not in lieu of any obligations to protect the Company’s trade secrets and Confidential Information which otherwise exist. Nothing in this Agreement shall limit, curtail or diminish the Company’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 6 contracts

Samples: Separation Agreement (Liquidmetal Technologies Inc), Separation Agreement (Liquidmetal Technologies Inc), Separation Agreement (Health Insurance Innovations, Inc.)

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Defend Trade Secrets Act Disclaimer. a. (a) Nothing in this Agreement is intended to discourage or restrict Executive from reporting any theft of trade secrets pursuant to the Defend Trade Secrets Act of 2016 (the “DTSA”) or other applicable state or federal law. The DTSA prohibits retaliation against an employee because of whistleblower activity in connection with the disclosure of trade secrets, so long as any such disclosure is made either (i) in confidence to an attorney or a federal, state, or local government official and solely to report or investigate a suspected violation of the law, or (ii) under seal in a complaint or other document filed in a lawsuit or other proceeding. b. (b) If Executive believes that any employee or any third party has misappropriated or improperly used or disclosed trade secrets or Confidential Informationconfidential information, Executive should report such activity to the Company’s Chief Financial OfficerChairman of the Board of Directors. This Agreement is in addition to and not in lieu of any obligations to protect the Company’s trade secrets and Confidential Information confidential information which otherwise existexists. Nothing in this Agreement shall limit, curtail or diminish the Company’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 2 contracts

Samples: Executive Employment Agreement (Petmed Express Inc), Executive Employment Agreement (Petmed Express Inc)

Defend Trade Secrets Act Disclaimer. a. Nothing in this Agreement is intended to discourage or restrict Executive from reporting any theft of trade secrets pursuant to the Defend Trade Secrets Act of 2016 (the “DTSA”) or other applicable state or federal law. The DTSA prohibits retaliation against an employee because of whistleblower activity in connection with the disclosure of trade secrets, so long as any such disclosure is made either (i) in confidence to an attorney or a federal, state, or local government official and solely to report or investigate a suspected violation of the law, or (ii) under seal in a complaint or other document filed in a lawsuit or other proceeding. b. If Executive believes that any employee or any third party has misappropriated or improperly used or disclosed trade secrets or Confidential Informationconfidential information, Executive should report such activity to the Company’s Chief Financial OfficerChairman of the Board. This Agreement is in addition to and not in lieu of any obligations to protect the Company’s trade secrets and Confidential Information confidential information which otherwise existexists. Nothing in this Agreement shall limit, curtail or diminish the Company’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 2 contracts

Samples: Ceo Separation Agreement (Petmed Express Inc), Cfo Transition and Separation Agreement (Petmed Express Inc)

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Defend Trade Secrets Act Disclaimer. a. Nothing in this Agreement is intended to discourage or restrict Executive from reporting any theft of trade secrets Trade Secrets pursuant to the Defend Trade Secrets Act of 2016 (the “DTSA”) or other applicable state or federal law. The DTSA prohibits retaliation against an employee because of whistleblower activity in connection with the disclosure of trade secretsTrade Secrets, so long as any such disclosure is made either (i) in confidence to an attorney or a federal, state, or local government official and solely to report or investigate a suspected violation of the law, or (ii) under seal in a complaint or other document filed in a lawsuit or other proceeding. b. If Executive believes that any employee or any third party has misappropriated or improperly used or disclosed trade secrets Trade Secrets or Confidential Information, Executive should report such activity to the Company’s Chief Financial OfficerGeneral Counsel. This Agreement is in addition to and not in lieu of any obligations to protect the Company’s trade secrets Trade Secrets and Confidential Information which otherwise exist. Nothing in this Agreement shall limit, curtail or diminish the Company’s statutory rights under the DTSA, any applicable state law regarding trade secrets or common law.

Appears in 1 contract

Samples: General Release Agreement (Stein Mart Inc)

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