Common use of Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 ( Clause in Contracts

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i) The Executive will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. (ii) If the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the Company’s trade secrets to the Executive’s attorney and use the trade secret information in the court proceeding if the Executive: (A) files any document containing trade secrets under seal; and (B) does not disclose trade secrets, except pursuant to court order.

Appears in 8 contracts

Samples: Employment Agreement (Unifoil Holdings, Inc.), Employment Agreement (THUMZUP MEDIA Corp), Employment Agreement (THUMZUP MEDIA Corp)

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Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i) The Executive You will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: : (A) is made made: (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or or (B) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. (ii) If the Executive files you file a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive you may disclose the Company’s 's trade secrets to the Executive’s your attorney and use the trade secret information in the court proceeding if the Executive: you: (A) files file any document containing the trade secrets secret under seal; and and (B) does do not disclose the trade secretssecret, except pursuant to court order.

Appears in 3 contracts

Samples: Employment Agreement (Evans & Sutherland Computer Corp), Employment Agreement (Evans & Sutherland Computer Corp), Employment Agreement (Evans & Sutherland Computer Corp)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i) The Executive Employee will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: Trade Secret that is made: (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; attorney and (2) solely for the purpose of reporting or investigating a suspected violation of law; or or (B) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. (ii) If the Executive Employee files a lawsuit against the Company for alleged retaliation by the Company for Employee reporting a suspected violation of law, the Executive Employee may disclose the Company’s trade secrets 's Trade Secrets to the Executive’s Employee's attorney and use the trade secret Trade Secret information in the court proceeding if the Executive: Employee (A) files any document containing trade secrets the Trade Secret under seal; and and (B) does not disclose trade secretsthe Trade Secret, except pursuant to court order.

Appears in 2 contracts

Samples: Employment Agreement (Dynatronics Corp), Employment Agreement (Dynatronics Corp)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. DTSA). Notwithstanding any other provision of this Agreement: (i) The , Executive will shall not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (Aa) is made made: (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (Bb) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. (ii) If . Notwithstanding any other provision of this Agreement, if the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the Company’s trade secrets to the Executive’s attorney and use the trade secret information in the court proceeding if the Executive: (Aa) files any document containing the trade secrets secret under seal; and (Bb) does not disclose the trade secretssecret, except pursuant to court order.

Appears in 2 contracts

Samples: Stock Purchase Agreement (McMahon Brian P), Stock Purchase Agreement (FTE Networks, Inc.)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i) The , the Executive will shall not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (Ai) is made made: (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (Bii) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. (ii) If . Notwithstanding any other provision of this Agreement, if the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the Company’s trade secrets to the Executive’s attorney and use the trade secret information in the court proceeding if the Executive: (Ai) files any document containing the trade secrets secret under seal; and (Bii) does not disclose the trade secretssecret, except pursuant to court order.

Appears in 1 contract

Samples: Employment Agreement (Ominto, Inc.)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i1) The Executive Employee will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (A) is made made: (1i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and and (2ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. (ii2) If the Executive Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive Employee may disclose the Company’s trade secrets to the ExecutiveEmployee’s attorney and use the trade secret information in the court proceeding if the ExecutiveEmployee: (A) files any document containing the trade secrets secret under seal; and (B) does not disclose the trade secretssecret, except pursuant to court order.

Appears in 1 contract

Samples: Restrictive Covenant Agreement (Compass Minerals International Inc)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i) The Executive will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that:. (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. (ii) If the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the Company’s 's trade secrets to the Executive’s 's attorney and use the trade secret information in the court proceeding if the Executive: (A) files any document containing trade secrets under seal; and (B) does not disclose trade secrets, except pursuant to court order.

Appears in 1 contract

Samples: Employment Agreement (Rightscorp, Inc.)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Separation Agreement: (i) The Executive , Employee will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: : (Ai) is made (1A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2B) solely for the purpose of reporting or investigating a suspected violation of law; or or (Bii) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. (ii) . If the Executive Employee files a lawsuit for retaliation by the Company Employer for reporting a suspected violation of law, the Executive Employee may disclose the CompanyEmployer’s trade secrets to the ExecutiveEmployee’s attorney and use the trade secret information in the court proceeding if the Executive: Employee: (Ax) files any document containing trade secrets under seal; and and (By) does not disclose trade secrets, except pursuant to court order.

Appears in 1 contract

Samples: Separation Agreement (SELLAS Life Sciences Group, Inc.)

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Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement:: ​ (iA) The Executive Employee will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (A) that is made made: (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; , and (2) solely for the purpose of reporting or investigating a suspected violation of law; or or (B2) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding.. ​ (iiB) If the Executive Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive Employee may disclose the Company’s trade secrets to the ExecutiveEmployee’s attorney and use the trade secret information in the court proceeding if the Executive: Employee: (A1) files any document containing the trade secrets secret under seal; and and (B2) does not disclose the trade secretssecret, except pursuant to court order.. ​

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (EXP World Holdings, Inc.)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i) The Executive will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. (ii) If the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the Company’s 's trade secrets to the Executive’s 's attorney and use the trade secret information in the court proceeding if the Executive: (A) files any document containing trade secrets under seal; and (B) does not disclose trade secrets, except pursuant to court order.

Appears in 1 contract

Samples: Executive Employment Agreement (Blackboxstocks Inc.)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i) The Executive will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: : (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or or (B) is made in a complaint or other document filed under seal in a lawsuit or other proceeding.; and (ii) If the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the Company’s trade secrets to the Executive’s attorney and use the trade secret information in the court proceeding if the Executive: : (A) files any document containing trade secrets under seal; and and (B) does not disclose trade secrets, except pursuant to court order.

Appears in 1 contract

Samples: Employment Agreement (Angion Biomedica Corp.)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i) The Executive will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. (ii) If the Executive files a lawsuit for retaliation by the Company and/or UC for reporting a suspected violation of law, the Executive may disclose the Company’s and/or UC’s trade secrets to the Executive’s attorney and use the trade secret information in the court proceeding if the Executive: (A) files any document containing trade secrets under seal; and (B) does not disclose trade secrets, except pursuant to court order.

Appears in 1 contract

Samples: Employment Agreement (Unifoil Holdings, Inc.)

Notice of Immunity Under the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act of 2016 (. “DTSA”). Notwithstanding any other provision of this Agreement: (i1) The Executive will not be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret that: (A) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed under seal in a lawsuit or other proceeding. (ii2) If the Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Executive may disclose the Company’s trade secrets to the Executive’s attorney and use the trade secret information in the court proceeding if the Executive: (A) files any document containing trade secrets under seal; and (B) does not disclose trade secrets, except pursuant to court order.

Appears in 1 contract

Samples: Employment Agreement (Aspen Group, Inc.)

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