Permitted Activities. Nothing in this Agreement is intended to, or does, prohibit Executive from (i) filing a charge or complaint with, providing truthful information to, or cooperating with an investigation being conducted by a governmental agency (such as the Equal Employment Opportunity Commission, another other fair employment practices agency, the National Labor Relations Board, the Department of Labor, or the Securities Exchange Commission (the “SEC”)); (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iv) otherwise making truthful statements as required by law or valid legal process; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive understands that he shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive likewise understands that, in the event he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any policies or agreements of the Company applicable to Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or the Company Group or obtain their prior approval before engaging in any such communications.
Appears in 4 contracts
Samples: Employment Agreement (Basic Energy Services, Inc.), Employment Agreement (Basic Energy Services, Inc.), Employment Agreement (Basic Energy Services, Inc.)
Permitted Activities. Nothing in Notwithstanding any provision of this Agreement is intended to, or does, prohibit Executive from (i) filing a charge or complaint with, providing truthful information to, or cooperating with an investigation being conducted by a governmental agency (such as the Equal Employment Opportunity Commission, another other fair employment practices agency, the National Labor Relations Board, the Department of Labor, or the Securities Exchange Commission (the “SEC”)); (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iv) otherwise making truthful statements as required by law or valid legal process; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. AccordinglyAgreement, Executive understands that he shall not be held prevented from, nor shall Executive be criminally or civilly liable under any federal or state trade secret law for the for, making a disclosure of a trade secret secrets or other Confidential Information that is: (ia) is made (A1) in confidence to a federal, state, state or local government official, either directly or indirectly, or to an attorney, and (B2) solely for the purpose of reporting or investigating a suspected violation of applicable law; or (iib) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; or (c) protected under the whistleblower provisions of applicable law. Executive likewise understands thatIn addition, in the event he Executive files a lawsuit for retaliation by the Company for Executive's reporting of a suspected violation of law, he Executive may (y) disclose the a trade secret(s) of the Company secret to his Executive's attorney and (z) use the trade secret information in the court proceedingproceeding related to such lawsuit, in each case, if he Executive (i1) files any document containing the such trade secret under seal; , and (ii2) does not otherwise disclose the such trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding Notwithstanding any other provision of this Agreement, nothing in this Agreement herein prohibits or any of any policies restricts Executive or agreements of the Company applicable to Executive from: (i) impedes his right initiating communications directly with, cooperating with, providing relevant information, or otherwise assisting in an investigation by (A) the SEC, or any other governmental, regulatory, or legislative body regarding a possible violation of any federal law relating to communicate with fraud or any SEC rule or regulation; or (B) the SEC EEOC or any other governmental agency about authority with responsibility for the administration of fair employment practices laws regarding a possible violations violation of federal securities such laws, or other laws as compelled or regulations or requested by lawful process; (ii) requires him responding to provide any prior notice to inquiry from any such governmental, regulatory, or legislative body or official or governmental authority, including an inquiry about the Company existence of this Agreement or the Company Group its underlying facts or obtain their prior approval before engaging circumstances; or (iii) participating, cooperating, testifying, or otherwise assisting in any governmental action, investigation, or proceeding relating to a possible violation of any such communicationslaw, rule or regulation. Nothing in this Agreement prevents Executive from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Executive has reason to believe is unlawful.
Appears in 3 contracts
Samples: Executive Employment Agreement (Universal Security Instruments Inc), Executive Employment Agreement (Universal Security Instruments Inc), Executive Employment Agreement (Universal Security Instruments Inc)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement or the Employment Agreement, nothing in this Agreement is intended to, or does, prohibit preclude Executive or any other individual from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity EEOC, the Securities and Exchange Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, or the Securities Exchange Commission (the “SEC”))any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. AccordinglyFurthermore, notwithstanding the provisions herein, the Executive understands is hereby notified that he shall the immunity provisions in Section 1833 of title 18 of the United States Code provide that an individual cannot not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. The Executive likewise understands that, in if the event he Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he the Executive may disclose the Company’s trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he the Executive (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any policies or agreements of the Company applicable to Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or the Company Group or obtain their prior approval before engaging in any such communications.
Appears in 2 contracts
Samples: Separation Agreement (Spirit AeroSystems Holdings, Inc.), Separation Agreement (Spirit AeroSystems Holdings, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement or the Employment Agreement, nothing in this Agreement is intended to, or does, prohibit preclude Executive from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity CommissionEEOC, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, the Securities and Exchange Commission, or the Securities Exchange Commission (the “SEC”))any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. AccordinglyFurthermore, notwithstanding the provisions herein, the Executive understands is hereby notified that he shall the immunity provisions in Section 1833 of title 18 of the United States Code provide that an individual cannot not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. The Executive likewise understands that, in if the event he Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he the Executive may disclose the Company’s trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he the Executive (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any policies or agreements of the Company applicable to Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or the Company Group or obtain their prior approval before engaging in any such communications.
Appears in 2 contracts
Samples: Separation Agreement (Spirit AeroSystems Holdings, Inc.), Separation Agreement (Spirit AeroSystems Holdings, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to the Individual’s waiver in subparagraph 9(a) below, nothing in this Agreement is intended to, or does, prohibit Executive preclude the Individual from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, or the Securities and Exchange Commission (the “SEC”)), or any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive the Individual understands that he shall will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive The Individual likewise understands that, in the event if he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the Company’s trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, law and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any the Company’s policies or agreements of the Company applicable to Executive the Individual (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him his to provide any prior notice to the Company or obtain the Company Group or obtain their Company’s prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Separation and Release Agreement (Chaparral Energy, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to the Individual’s waiver in subparagraph 9(a) below, nothing in this Agreement is intended to, or does, prohibit Executive preclude the Individual from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, or the Securities and Exchange Commission (the “SEC”)), or any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive the Individual understands that he shall will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive The Individual likewise understands that, in the event if he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the Company’s trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, law and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any the Company’s policies or agreements of the Company applicable to Executive the Individual (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or obtain the Company Group or obtain their Company’s prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Separation and Release Agreement (Basic Energy Services, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to the Individual’s waiver in subparagraph 8(a) below, nothing in this Agreement is intended to, or does, prohibit Executive preclude the Individual from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, or the Securities and Exchange Commission (the “SEC”)), or any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive the Individual understands that he shall will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive The Individual likewise understands that, in the event if he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the Company’s trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, law and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any the Company’s policies or agreements of the Company applicable to Executive the Individual (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or obtain the Company Group or obtain their Company’s prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Separation and Release Agreement (Basic Energy Services, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement, nothing in this Agreement is intended to, or does, prohibit Executive preclude you from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, the Securities and Exchange Commission, or the Securities Exchange Commission (the “SEC”))any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. AccordinglyFurthermore, Executive understands notwithstanding the provisions herein, you understand that he shall you will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive You likewise understands understand that, in the event he files if you file a lawsuit for retaliation by the Company for reporting a suspected violation of law, he you may disclose the Company’s trade secret(s) of the Company to his your attorney and use the trade secret information in the court proceeding, if he you (i) files file any document containing the trade secret under seal; and (ii) does do not disclose the trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any policies or agreements of the Company applicable to Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or the Company Group or obtain their prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Retirement Agreement (Spirit AeroSystems Holdings, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement, nothing in this Agreement is intended to, or does, prohibit preclude Executive from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity CommissionEEOC, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, the Securities and Exchange Commission, or the Securities Exchange Commission (the “SEC”))any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. AccordinglyFurthermore, notwithstanding the provisions herein, the Executive understands is hereby notified that he shall the immunity provisions in Section 1833 of title 18 of the United States Code provide that an individual cannot not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. The Executive likewise understands that, in if the event he Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he the Executive may disclose the Company’s trade secret(s) of the Company to his her attorney and use the trade secret information in the court proceeding, if he the Executive (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any policies or agreements of the Company applicable to Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or the Company Group or obtain their prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Separation Agreement (Spirit AeroSystems Holdings, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to the Individual's waiver in subparagraph 8(a) below, nothing in this Agreement is intended to, or does, prohibit Executive preclude the Individual from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, or the Securities and Exchange Commission (the “"SEC”")), or any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive the Individual understands that he shall will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive The Individual likewise understands that, in the event if he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the Company's trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, law and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any the Company's policies or agreements of the Company applicable to Executive the Individual (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or obtain the Company Group or obtain their Company's prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Separation and Release Agreement (Basic Energy Services, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement or the Employment Agreement, nothing in this Agreement is intended to, or does, prohibit preclude Executive from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, the Securities and Exchange Commission, or the Securities Exchange Commission (the “SEC”))any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. AccordinglyFurthermore, notwithstanding the provisions herein, Executive understands that he shall Executive will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive likewise understands that, in the event he if Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he Executive may disclose the Company’s trade secret(s) of the Company to his Executive’s attorney and use the trade secret information in the court proceeding, if he Executive (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any policies or agreements of the Company applicable to Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or the Company Group or obtain their prior approval before engaging in any such communications.
Appears in 1 contract
Samples: General Release Agreement (Spirit AeroSystems Holdings, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to Executive’s waiver in Section 9(a) below, nothing in this Agreement is intended to, or does, prohibit preclude Executive from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Department of LaborJustice, or the Securities and Exchange Commission (the “SEC”)), or any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities. Furthermore, U.S. federal law provides that: (vx) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive understands that he individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A1) in confidence to a federal, state, or local government official, official (either directly or indirectly, ) or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii2) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive likewise understands that, in the event he ; and (y) an individual who files a lawsuit for retaliation by the Company an employer for reporting a suspected violation of law, he law may disclose the trade secret(s) secret to the attorney of the Company to his attorney individual and use the trade secret information in the court proceeding, if he the individual (i1) files any document containing the trade secret under seal; and (ii2) does not disclose the trade secret, except pursuant to court order. Nothing in this Agreement prohibits, or creates liability for, any such protected conduct. In accordance with applicable law, law and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any the Employer’s policies or agreements of the Company applicable to Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him his to provide any prior notice to the Company or the Company Group Employer or obtain their the Employer’s prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Separation and Release Agreement (Chaparral Energy, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to the Individual's waiver in subparagraph 7(a) below, nothing in this Agreement is intended to, or does, prohibit Executive precludes the Individual from (i) reporting to, responding to an inquiry from, filing a charge or complaint with, communicating with or providing truthful information to, contacting, or cooperating with an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, the Securities and Exchange Commission, or the Securities Exchange Commission (the “SEC”))any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activitiesproviding information about this Agreement to his family members, attorney, or accountant or tax advisor (if any); (iii) making disclosures or giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iv) otherwise making truthful statements as required by law or valid legal processprocess (such as by a subpoena or administrative order); or (viv) disclosing a trade secret engaging in confidence to a governmental official, directly any concerted or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of lawother legally-protected activities. Accordingly, Executive Individual understands that he shall not be held criminally or civilly liable under any federal Federal or state State trade secret law for the disclosure of a trade secret that (iA) is made (Ai) in confidence to a federalFederal, stateState, or local government official, either directly or indirectly, or to an attorney, and (Bii) solely for the purpose of reporting or investigating a suspected violation of law; or (iiB) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive Individual likewise understands that, that in the event he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the Company's trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (iA) files any document containing the trade secret under seal; and (iiB) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any policies or agreements of the Company applicable to Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or the Company Group or obtain their prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Separation and Release Agreement (Noble Energy Inc)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to the Individual’s waiver in subparagraph 8(a) below, nothing in this Agreement is intended to, or does, prohibit Executive preclude the Individual from (i) contacting, filing a charge or complaint with, providing truthful information to, or cooperating with an investigation being conducted by a by, any governmental or regulatory agency or body (such as the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, or the Securities Exchange Commission (the “SEC”), or any other federal, state, or local governmental agency, commission, or regulatory body); (ii) engaging assisting another in other legally-protected concerted activitiestaking any of the actions in clause (i); (iii) making statements or disclosures regarding any sexual assault or sexual harassment dispute in compliance with the Speak Out Act; (iv) responding truthfully to inquiries by governmental or regulatory agencies or bodies; (v) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or (such as a subpoena) in any legal or regulatory proceeding; (ivvi) otherwise making truthful statements as required by law or valid legal processengaging in any other legally protected activities; or (vvii) pursuant to 18 U.S.C. § 1833(b), disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive understands that he shall or if the disclosure is made in a document filed under seal in a lawsuit or other proceeding, and a party cannot be held criminally or civilly liable under any federal or state trade secret law for the disclosure of such a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive likewise understands that, in the event he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court orderdisclosure. In accordance with applicable law, law and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any the Company’s policies or agreements of the Company applicable to Executive the Individual (i) impedes his her right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him her to provide any prior notice to the Company or obtain the Company Group or obtain their Company’s prior approval before engaging in any such communications.. f.
Appears in 1 contract
Samples: Separation and Release Agreement (Riley Exploration Permian, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to Individual’s waiver in subparagraph l0(a) below, nothing in this Agreement is intended to, or does, prohibit Executive preclude Individual from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, or the Securities Exchange Commission (the “SEC”))any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive Individual understands that he shall will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in sworn testimony, a complaint lawsuit or other complaint, or document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive Individual likewise understands that, in the event if he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the Company’s trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any policies or agreements of the Company applicable to Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or the Company Group or obtain their prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Separation and Release Agreement (Amergent Hospitality Group, Inc)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to the Individual’s waiver in subparagraph 9(a) below, nothing in this Agreement (or any Company policy or procedure) is intended to, or does, prohibit Executive preclude the Individual from (i) contacting, reporting to, communicating with, responding truthfully to an inquiry from, providing truthful information to, filing a charge or complaint with, providing cooperating with, making truthful information tostatements under oath, or cooperating with an investigation otherwise testifying or participating in any investigation, hearing, or other proceeding being conducted by a governmental or before, any federal or state law enforcement, governmental, or regulatory agency or body (such as the Equal Employment Opportunity Commission, another other fair employment practices agencythe U.S. Department of Labor, the Occupational Safety & Health Administration, the National Labor Relations Board, the Occupational Safety and Health Administration, the U.S. Department of LaborJustice, or the Securities Exchange Commission (the “SEC”)), or any other federal, state, or local governmental agency, commission, or regulatory body) regarding possible or alleged violations of law or unlawful acts in the workplace; (ii) engaging making statements or disclosures regarding any sexual assault or sexual harassment dispute in other legally-protected concerted activitiescompliance with the Speak Out Act; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or (such as a subpoena) in any legal or regulatory proceeding; (iv) otherwise making truthful statements as required by law or valid legal processengaging in any other legally protected activities; or (v) pursuant to 18 U.S.C. § 1833(b), disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive understands that he shall or if the disclosure is made in a document filed under seal in a lawsuit or other proceeding, and a party cannot be held criminally or civilly liable under any federal or state trade secret law for the disclosure of such a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive likewise understands that, in the event he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court orderdisclosure. In accordance with applicable law, law and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any policies the Company’s policies, procedures, or agreements of the Company applicable to Executive the Individual (i) impedes his right to communicate with the SEC or any other governmental any federal or state law enforcement, governmental, or regulatory agency or body about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or obtain the Company Group or obtain their Company’s prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Release and Consulting Agreement (Stabilis Solutions, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to the Individual’s waiver in subparagraph 8(a) below, nothing in this Agreement is intended to, or does, prohibit Executive preclude the Individual from (i) contacting, filing a charge or complaint with, providing truthful information to, or cooperating with an investigation being conducted by a by, any governmental or regulatory agency or body (such as the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, or the Securities Exchange Commission (the “SEC”), or any other federal, state, or local governmental agency, commission, or regulatory body); (ii) engaging assisting another in other legally-protected concerted activitiestaking any of the actions in clause (i); (iii) making statements or disclosures regarding any sexual assault or sexual harassment dispute in compliance with the Speak Out Act; (iv) responding truthfully to inquiries by governmental or regulatory agencies or bodies; (v) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or (such as a subpoena) in any legal or regulatory proceeding; (ivvi) otherwise making truthful statements as required by law or valid legal processengaging in any other legally protected activities; or (vvii) pursuant to 18 U.S.C. § 1833(b), disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, Executive understands that he shall or if the disclosure is made in a document filed under seal in a lawsuit or other proceeding, and a party cannot be held criminally or civilly liable under any federal or state trade secret law for the disclosure of such a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Executive likewise understands that, in the event he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court orderdisclosure. In accordance with applicable law, law and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any the Company’s policies or agreements of the Company applicable to Executive the Individual (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or obtain the Company Group or obtain their Company’s prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Separation and Release Agreement (Riley Exploration Permian, Inc.)
Permitted Activities. Nothing Notwithstanding any other provision of this Agreement but subject to the Executive’s waiver in subparagraph 8(a) below, nothing in this Agreement is intended to, or does, prohibit preclude the Executive from (i) contacting, reporting to, responding to an inquiry from, filing a charge or complaint with, providing truthful information tocommunicating with, or cooperating with otherwise participating in an investigation being conducted by a governmental agency (such as by, the Equal Employment Opportunity Commission, another other fair employment practices agencythe Department of Labor, the National Labor Relations Board, the Department of LaborOccupational Safety and Health Administration, or the Securities and Exchange Commission (the “SEC”)), or any other federal, state, or local governmental agency, commission, or regulatory body; (ii) engaging in other legally-protected concerted activities; (iii) giving truthful testimony or making statements under oath in response to a subpoena or other valid legal process or in any legal proceeding; (iviii) otherwise making truthful statements as required by law or valid legal process; (iv) engaging in any concerted or other legally protected activities; or (v) disclosing a trade secret in confidence to a governmental official, directly or indirectly, or to an attorney, if the disclosure is made solely for the purpose of reporting or investigating a suspected violation of law. Accordingly, the Executive understands that he shall will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. The Executive likewise understands that, in the event if he files a lawsuit for retaliation by the Company for reporting a suspected violation of law, he may disclose the Company’s trade secret(s) of the Company to his attorney and use the trade secret information in the court proceeding, if he (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. In accordance with applicable law, and notwithstanding any other provision of this Agreement, nothing in this Agreement or any of any the Company’s policies or agreements of the Company applicable to the Executive (i) impedes his right to communicate with the SEC or any other governmental agency about possible violations of federal securities or other laws or regulations or (ii) requires him to provide any prior notice to the Company or obtain the Company Group or obtain their Company’s prior approval before engaging in any such communications.
Appears in 1 contract
Samples: Transition and Release Agreement (Capital Southwest Corp)