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 to the contrary: Executive shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney and solely for the purpose of reporting or investigating a suspected violation of law. Executive shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. If Executive files a lawsuit for retaliation by Employer for reporting a suspected violation of law, Executive may disclose Employer’s and/or its Affiliates’ trade secrets to Executive’s attorney and use Employer’s and/or its Affiliates’ trade secret information in the court proceeding, if Executive (a) files any document containing the trade secrets under seal; and (b) does not disclose the trade secrets, except pursuant to court order.