Notice of Immunity. 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 Employer for reporting a suspected violation of law, the Executive may disclose the Employer’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 12 contracts
Samples: Employment Agreement (Bank of Commerce Holdings), Executive Employment Agreement (PostD Merchant Banque), Employment Agreement (Bank of Commerce Holdings)
Notice of Immunity. Notwithstanding any other provision of this Agreement:
i) The the foregoing, Executive will not be held criminally or civilly liable under any federal or state trade secret law for any the disclosure of a trade secret that: (A) is made (1i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; , 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 filed under seal in a lawsuit or other proceeding.
ii) , if such filing is made under seal. If the Executive files a lawsuit for retaliation by the Employer Company for reporting a suspected violation of law, the Executive law may disclose the Employer’s trade secrets secret to the Executive’s attorney and use the trade secret information in the court proceeding proceeding, if the Executive and/or Executive: ’s attorney (Ax) files any document containing the trade secrets secret under seal; and and, (By) does not disclose the trade secrets secret, except pursuant to court order.
Appears in 3 contracts
Samples: Executive Employment Agreement (Phunware, Inc.), Executive Employment Agreement (Phunware, Inc.), Executive Employment Agreement (Phunware, Inc.)
Notice of Immunity. Notwithstanding any other provision of The Executive acknowledges that via this Agreement:
paragraph the Company is providing the Executive with written notice that the Defend Trade Secrets Act, 18 U.S.C. § 1833(b), provides that (i) The Executive will an individual shall not be held criminally or civilly liable under any federal or state trade secret law for any the disclosure of a trade secret that: (A) that 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.
, if such filing is made under seal, and (ii) If the Executive an individual who files a lawsuit for retaliation by the Employer an employer for reporting a suspected violation of law, the Executive law may disclose the Employeremployer’s trade secrets secret to the Executiveindividual’s attorney and use the such trade secret information in the court proceeding if the Executive: (A) individual files any document containing the trade secrets secret under seal; seal and (B) does not disclose the trade secrets secret, except pursuant to court order.
Appears in 2 contracts
Samples: Employment Agreement (NanoVibronix, Inc.), Employment Agreement (NanoVibronix, Inc.)
Notice of Immunity. Notwithstanding any other provision of this Agreement:
i) The the foregoing, Executive will not be held criminally or civilly liable under any federal or state trade secret law for any the disclosure of a trade secret that: (A) is made (1i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; , 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 filed under seal in a lawsuit or other proceeding.
ii) , if such filing is made under seal. If the Executive files a lawsuit for retaliation by the Employer Company for reporting a suspected violation of law, the Executive law may disclose the Employer’s trade secrets secret to the Executive’s 's attorney and use the trade secret information in the court proceeding proceeding, if the Executive and/or Executive: 's attorney (Ax) files any document containing the trade secrets secret under seal; and and, (By) does not disclose the trade secrets secret, except pursuant to court order.
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