Common use of Protected Activities Clause in Contracts

Protected Activities. Nothing contained in this Agreement or in any other agreement with the Company limits your ability to: (i) file a charge or complaint with any federal, state or local governmental agency or commission, including without limitation the Equal Employment Opportunity Commission, the National Labor Relations Board or the Securities and Exchange Commission (a “Government Agency”); (ii) communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency; (iii) exercise any rights you may have under Section 7 of the National Labor Relations Act, including any rights you may have under such provision to assist co-workers with or discuss any employment issue, dispute or term or condition of employment as part of engaging in concerted activities for the purpose of mutual aid or protection; (iv) discuss or disclose information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful; or (v) testify truthfully in a legal proceeding, in any event with or without notice to or approval of the Company so long as such communications and disclosures are consistent with applicable law and the information disclosure was not obtained through a communication that was subject to the attorney client privilege (unless disclosure of that information would otherwise be permitted consistent with such privilege). If you file any charge or complaint with any Government Agency and if the Government Agency pursues any claim on your behalf, or if any other third party pursues any claim on your behalf, you waive any right to monetary or other individualized relief (either individually or as part of any collective or class action) but the Company will not limit any right you may have to receive an award by an order of a Government Agency pursuant to the whistleblower provisions of any applicable law or regulation for providing information to the SEC or any other Government Agency.

Protected Activities. Nothing contained Notwithstanding anything herein to the contrary, nothing in this Agreement or in any other agreement with the Company limits your ability to: PIIA shall (i) file prohibit Employee from filing a charge or complaint with any federal, state or local governmental agency or commission, including without limitation the Equal Employment Opportunity Commission, the National Labor Relations Board or Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other comparable federal agency, state agency or securities regulatory body (a the “Government AgencyAgencies”); (ii) communicate prohibit Employee from reporting possible violations of law to an appropriate Government Agency in a confidential manner without notice to the Company as authorized in any whistleblower protection provisions of any federal or state law or regulation; (iii) communicating directly with any Government Agency governmental, law enforcement, regulatory or otherwise self-regulatory body; (iv) limit Employee’s lawful opportunity to cooperate with or participate in any administrative proceeding or investigation or proceeding that may be conducted by any a Government Agency; (iiiv) exercise any rights you may have under Section 7 receive awards from a Government Agency as a result of the National Labor Relations Act, including any rights you may have under such provision to assist co-workers with reporting or discuss any employment issue, dispute cooperation; or term (vi) prohibit Employee from discussing or condition of employment as part of engaging in concerted activities for the purpose of mutual aid or protection; (iv) discuss or disclose disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have Employee has reason to believe is unlawful; . With respect to any information disclosed pursuant to this protected activity exception that may constitute confidential or (v) testify truthfully in a legal proceedingproprietary information, in Employee agrees to take all reasonable precautions to prevent any event with unauthorized use or without notice disclosure to any parties other than the relevant agency or approval of authority. Except as prohibited by applicable law, rule, or regulation, the payments paid to pursuant to this Agreement will be the sole monetary relief available to Employee, and Employee will not be entitled to recover, and agrees to waive, any additional personal monetary relief that may be sought from or awarded against the Company so long as in the future without regard to who filed or brought such communications and disclosures are consistent with applicable law and the information disclosure was claim. However, this Agreement does not obtained through a communication that was subject to the attorney client privilege (unless disclosure of that information would otherwise be permitted consistent with such privilege). If you file any charge or complaint with any Government Agency and if the Government Agency pursues any claim on your behalf, or if any other third party pursues any claim on your behalf, you waive any Employee’s right to monetary or other individualized relief (either individually or as part of any collective or class action) but the Company will not limit any right you may have to receive an award for original information from any Government Agency, including but not limited to any such award pursuant to Section 21F of the Securities Exchange Act of 1934. Further, Employee’s participation in an investigation or other legal matter may include a disclosure of trade secret information provided that it must comply with the restrictions in the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA provides that no individual will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret that: (x) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or (y) is made in a complaint or other document if such filing is under seal so that it is not made public. Also, an individual who pursues a lawsuit for retaliation by an order employer for reporting a suspected violation of a Government Agency pursuant the law may disclose the trade secret to the whistleblower provisions attorney of the individual and use the trade secret information in the court proceeding, if the individual files any applicable law or regulation for providing information to document containing the SEC or any other Government Agencytrade secret under seal, and does not disclose the trade secret, except as permitted by court order.

Protected Activities. Nothing contained in You acknowledge that neither this Agreement or in nor any other agreement with or policy of the Company or its Affiliates shall be construed or applied in a manner which limits or interferes with your ability to: right, without notice to or authorization of the Company and/or its Affiliates, to communicate and cooperate in good faith with a Government Agency for the purpose of (i) file reporting a charge or complaint with possible violation of any U.S. federal, state state, or local governmental agency law or commissionregulation, including without limitation the Equal Employment Opportunity Commission, the National Labor Relations Board or the Securities and Exchange Commission (a “Government Agency”); (ii) communicate with any Government Agency or otherwise participate participating in any investigation or proceeding that may be conducted or managed by any Government Agency; , including by providing documents or other information, or (iii) exercise filing a charge or complaint with a Government Agency. Additionally, you shall not be held criminally or civilly liable under any rights you may have under Section 7 federal or state trade secret law for the disclosure of the National Labor Relations Acta trade secret that is made (a) in confidence to a federal, including any rights you may have under such provision state, or local government official, or to assist co-workers with or discuss any employment issuean attorney, dispute or term or condition of employment as part of engaging in concerted activities solely for the purpose of mutual aid reporting or protection; investigating a suspected violation of law, (ivb) discuss in a complaint or disclose information about unlawful acts other document filed in the workplacea lawsuit or other proceeding, if such as harassment or discrimination or any other conduct that you have reason to believe filing is unlawfulmade under seal; or (vc) testify truthfully in court proceedings if you file a legal proceedinglawsuit for retaliation by an employer for reporting a suspected violation of law, or to your attorney in such lawsuit, provided that you must file any event with document containing the trade secret under seal, and you may not disclose the trade secret, except pursuant to court order. The activities or without notice disclosures described in this Section 6 shall be referred to or approval of in this Agreement as “Protected Activities.” Notwithstanding the foregoing, under no circumstance will you be authorized to make any disclosures as to which the Company so long as such communications and disclosures are consistent with applicable law and and/or its Affiliates may assert protections from disclosure under the information disclosure was not obtained through a communication that was subject to attorney-client privilege or the attorney client privilege (unless disclosure work product doctrine, without prior written consent of that information would otherwise be permitted consistent with such privilege). If you file any charge or complaint with any Government Agency and if an authorized officer designated by the Government Agency pursues any claim on your behalf, or if any other third party pursues any claim on your behalf, you waive any right to monetary or other individualized relief (either individually or as part of any collective or class action) but the Company will not limit any right you may have to receive an award by an order of a Government Agency pursuant to the whistleblower provisions of any applicable law or regulation for providing information to the SEC or any other Government AgencyCompany.

Protected Activities. Nothing contained in this Agreement or in Agreement, any other agreement with the Company, or any Company policy limits your ability ability, with or without notice to the Company, to: (i) file a charge or complaint with any federal, state or local governmental agency or commissioncommission (a “Government Agency”), including without limitation limitation, the Equal Employment Opportunity Commission, the National Labor Relations Board or the Securities and Exchange Commission (a “Government Agency”)Commission; (ii) communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including by providing non-privileged documents or information; (iii) exercise any rights you may have under Section 7 of the National Labor Relations Act, which are available to non-supervisory employees, including any rights you may have under such provision to assist assisting co-workers with or discuss discussing any employment issue, dispute or term or condition of employment issue as part of engaging in concerted activities for the purpose of mutual aid or protection; (iv) discuss or disclose information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful; or (v) testify truthfully in a legal proceeding, in any event with or without notice to or approval of the Company so long as . Any such communications and disclosures are consistent with must not violate applicable law and the information disclosure was disclosed must not have been obtained through a communication that was subject to the attorney attorney-client privilege (unless disclosure of that information would otherwise be permitted consistent with such privilegeprivilege or applicable law). If you file any charge or complaint with any Government Agency and if In addition, for the Government Agency pursues any claim on your behalfavoidance of doubt, or if any other third party pursues any claim on your behalf, you waive any right to monetary or other individualized relief (either individually or as part of any collective or class action) but the Company will not limit any right you may have to receive an award by an order of a Government Agency pursuant to the whistleblower provisions federal Defend Trade Secrets Act of 2016, you shall not be held criminally or civilly liable under any applicable federal or state trade secret law or regulation under this Agreement or the Restrictive Covenants Agreement for providing information the disclosure of a trade secret that (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the SEC purpose of reporting or any investigating a suspected violation of law; or (b) is made in a complaint or other Government Agencydocument filed in a lawsuit or other proceeding, if such filing is made under seal.

Protected Activities. Nothing contained in this Agreement or in Agreement, any other agreement with the Company, or any Company policy limits your ability ability, with or without notice to the Company, to: (i) file a charge or complaint with any federal, state or local governmental agency or commissioncommission (a “Government Agency”), including without limitation limitation, the Equal Employment Opportunity Commission, the National Labor Relations Board or the Securities and Exchange Commission (a the “Government AgencySEC”); (ii) communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including by providing non-privileged documents or information; (iii) exercise any rights you may have under Section 7 of the National Labor Relations Act, which are available to non-supervisory employees, including any rights you may have under such provision to assist assisting co-workers with or discuss discussing any employment issue, dispute or term or condition of employment issue as part of engaging in concerted activities for the purpose of mutual aid or protection; (iv) discuss or disclose information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful; or (v) testify truthfully in a legal proceeding, in any event with or without notice to or approval of the Company so long as . Any such communications and disclosures are consistent with must not violate applicable law and the information disclosure was disclosed must not have been obtained through a communication that was subject to the attorney attorney-client privilege (unless disclosure of that information would otherwise be permitted consistent with such privilegeprivilege or applicable law). If you file any charge or complaint with any a Government Agency and if the Government Agency pursues any claim on your behalf, or if any other third party pursues any claim on your behalf, you waive any right to monetary or other individualized relief (either individually or as part of any collective or class action) ), but the Company will not limit any right you may have to receive an award by an order of a Government Agency pursuant to the whistleblower provisions of any applicable law or regulation for providing information to the SEC or any other Government Agency.

Protected Activities. Nothing contained in this Agreement or in Agreement, any other agreement with the Company, or any Company policy limits your ability Employee’s ability, with or without notice to the Company, to: (i) file a charge or complaint with any federal, state or local governmental agency or commissioncommission (a “Government Agency”), including without limitation limitation, the Equal Employment Opportunity Commission, the National Labor Relations Board or the Securities and Exchange Commission (a the “Government AgencySEC”); (ii) communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including by providing non- privileged documents or information; (iii) exercise any rights you may have under Section 7 of the National Labor Relations Act, which are available to non-supervisory employees, including any rights you may have under such provision to assist co-assisting co- workers with or discuss discussing any employment issue, dispute or term or condition of employment issue as part of engaging in concerted activities for the purpose of mutual aid or protection; (iv) discuss or disclose information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have Employee has reason to believe is unlawful; or (v) testify truthfully in a legal proceeding, in any event with or without notice to or approval of the Company so long as . Any such communications and disclosures are consistent with must not violate applicable law and the information disclosure was disclosed must not have been obtained through a communication that was subject to the attorney attorney-client privilege (unless disclosure of that information would otherwise be permitted consistent with such privilegeprivilege or applicable law). If you file any charge or complaint with any a Government Agency and if the Government Agency pursues any claim on your behalf, or if any other third party pursues any claim on your Employee’s behalf, you waive Employee waives any right to monetary or other individualized relief (either individually or as part of any collective or class action) ), but the Company will not limit any right you Employee may have to receive an award by an order of a Government Agency pursuant to the whistleblower provisions of any applicable law or regulation for providing information to the SEC or any other Government Agency.

Protected Activities. Nothing contained in this Agreement or in any other agreement with the Company limits your ability to: (i) file a charge or complaint with any federal, state or local governmental agency or commission, including without limitation the Equal Employment Opportunity Commission, the ​ National Labor Relations Board or the Securities and Exchange Commission (a “Government Agency”); (ii) communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency; (iii) exercise any rights you may have under Section 7 of the National Labor Relations Act, including any rights you may have under such provision to assist co-workers with or discuss any employment issue, dispute or term or condition of employment as part of engaging in concerted activities for the purpose of mutual aid or protection; (iv) discuss or disclose information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful; or (v) testify truthfully in a legal proceeding, in any event with or without notice to or approval of the Company so long as such communications and disclosures are consistent with applicable law and the information disclosure was not obtained through a communication that was subject to the attorney client privilege (unless disclosure of that information would otherwise be permitted consistent with such privilege). If you file any charge or complaint with any Government Agency and if the Government Agency pursues any claim on your behalf, or if any other third party pursues any claim on your behalf, you waive any right to monetary or other individualized relief (either individually or as part of any collective or class action) but the Company will not limit any right you may have to receive an award by an order of a Government Agency pursuant to the whistleblower provisions of any applicable law or regulation for providing information to the SEC or any other Government Agency.

Protected Activities. Nothing contained in this Agreement or in Agreement, any other agreement with the Company, or any Company policy limits your ability the Executive’s ability, with or without notice to the Company, to: (i) file a charge or complaint with any federal, state or local governmental agency or commissioncommission (a “Government Agency”), including without limitation limitation, the Equal Employment Opportunity Commission, the National Labor Relations Board or the Securities and Exchange Commission (a the “Government AgencySEC”); (ii) communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including by providing non-privileged documents or information; (iii) exercise any rights you may have under Section 7 of the National Labor Relations Act, which are available to non-supervisory employees, including any rights you may have under such provision to assist assisting co-workers with or discuss discussing any employment issue, dispute or term or condition of employment issue as part of engaging in concerted activities for the purpose of mutual aid or protection; (iv) discuss or disclose information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you the Executive have reason to believe is unlawful; or (v) testify truthfully in a legal proceeding, in any event with or without notice to or approval of the Company so long as . Any such communications and disclosures are consistent with must not violate applicable law and the information disclosure was disclosed must not have been obtained through a communication that was subject to the attorney attorney-client privilege (unless disclosure of that information would otherwise be permitted consistent with such privilegeprivilege or applicable law). If you file any charge or complaint with any a Government Agency and if the Government Agency pursues any claim on your behalf, or if any other third party pursues any claim on your the Executive’s behalf, you the Executive waive any right to monetary or other individualized relief (either individually or as part of any collective or class action) ), but the Company will not limit any right you the Executive may have to receive an award by an order of a Government Agency pursuant to the whistleblower provisions of any applicable law or regulation for providing information to the SEC or any other Government Agency.

Protected Activities. Nothing contained in this Agreement or in any other agreement with the Company Photonics limits your ability to: (i) file a charge or complaint with any federal, state or local governmental agency or commission, including without limitation the Equal Employment Opportunity Commission, the National Labor Relations Board or the Securities and Exchange Commission (a “Government Agency”); (ii) communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency; (iii) exercise any rights you may have under Section 7 of the National Labor Relations Act, including any rights you may have under such provision to assist co-workers with or discuss any employment issue, dispute or term or condition of employment as part of engaging in concerted activities for the purpose of mutual aid or protection; (iv) discuss or disclose information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful; or (v) testify truthfully in a legal proceeding, in any event with or without notice to or approval of the Company Photonics so long as such communications and disclosures are consistent with applicable law and the information disclosure was not obtained through a communication that was subject to the attorney client privilege (unless disclosure of that information would otherwise be permitted consistent with such privilege). If you file any charge or complaint with any Government Agency and if the Government Agency pursues any claim on your behalf, or if any other third party pursues any claim on your behalf, you waive any right to monetary or other individualized relief (either individually or as part of any collective or class action) but the Company Photonics will not limit any right you may have to receive an award by an order of a Government Agency pursuant to the whistleblower provisions of any applicable law or regulation for providing information to the SEC or any other Government Agency.