Common use of Protected Activities Clause in Contracts

Protected Activities. a. The Parties acknowledge and agree that nothing in this Agreement or any other agreement you may have with the Company shall prohibit or restrict you from (i) voluntarily communicating with an attorney retained by you, (ii) voluntarily communicating with or testifying before any law enforcement or government agency, including the Securities and Exchange Commission (“SEC”), the Equal Employment Opportunity Commission, the New York State Division of Human rights, the Massachusetts Commission Against Discrimination, or any other federal, state or local commission on human rights, or any self-regulatory organization, or otherwise initiating, assisting with, or participating in any manner with an investigation conducted by such government agency, in each case, regarding possible violations of law and without advance notice to the Company, (iii) recovering a SEC whistleblower award as provided under Section 21F of the Securities Exchange Act of 1934, (iv) disclosing any information (including, without limitation, confidential information) to a court or other administrative or legislative body in response to any subpoena provided that you first promptly notify (to the extent legally permissible) the Company and, with respect to any subpoena on behalf of any non-governmental person or entity, use commercially reasonable efforts to cooperate with any effort by the Company to seek to challenge the subpoena on behalf of any non-governmental person or entity or obtain a protective order limiting its disclosure, or other appropriate remedy, (v) filing or disclosing any facts necessary to receive unemployment insurance, Medicaid or other public benefits to which you are entitled, (vi) engaging in communications or activities protected by Section 7 of the National Labor Relations Act, or (vii) disclosing the underlying facts or circumstances relating to claims of discrimination, retaliation or harassment against the Company; provided however, that you represent and affirm that you are not aware of any facts or circumstances (including any injuries or illnesses) related to any claims against the Released Parties concerning discrimination, harassment, retaliation, or workers’ compensation. b. Additionally, you are hereby notified, in accordance with the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1833(b), that you will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret of the Company that (x) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to your attorney, and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (y) in a complaint or other document filed under seal in a lawsuit or other proceeding. If you file a lawsuit for retaliation by the Company for reporting a suspected violation of law, you may disclose the trade secret information to your attorney and use the trade secret information in the court proceeding, if you (A) file any document containing the trade secret under seal and (B) do not disclose the trade secret except pursuant to court order. The communications, statements, and activities permitted under this Section 5 are referred to collectively as “Protected Activities.”

Protected Activities. a. The Parties acknowledge and agree that nothing Nothing in this Agreement is intended to, or any other agreement you may have with does, prohibit the Company shall prohibit or restrict you Employee from (i) voluntarily communicating filing a charge or complaint with, providing truthful information to, or cooperating with an attorney retained investigation being conducted by youa governmental agency (such as the Equal Employment Opportunity Commission, (ii) voluntarily communicating with or testifying before any law enforcement or government another other fair employment practices agency, including the National Labor Relations Board, the Department of Labor, or the Securities and Exchange Commission (the “SEC”), the Equal Employment Opportunity Commission, the New York State Division of Human rights, the Massachusetts Commission Against Discrimination, or any ); (ii) engaging in other federal, state or local commission on human rights, or any selflegally-regulatory organization, or otherwise initiating, assisting with, or participating in any manner with an investigation conducted by such government agency, in each case, regarding possible violations of law and without advance notice to the Company, protected activities; (iii) recovering giving truthful testimony or making statements under oath in response to a SEC whistleblower award as provided under Section 21F of the Securities Exchange Act of 1934, subpoena or other valid legal process or in any legal proceeding; (iv) disclosing any information (including, without limitation, confidential information) to a court otherwise making truthful statements as required by law or other administrative valid legal process; or legislative body in response to any subpoena provided that you first promptly notify (to the extent legally permissible) the Company and, with respect to any subpoena on behalf of any non-governmental person or entity, use commercially reasonable efforts to cooperate with any effort by the Company to seek to challenge the subpoena on behalf of any non-governmental person or entity or obtain a protective order limiting its disclosure, or other appropriate remedy, (v) filing disclosing a trade secret in confidence to a governmental official, directly or disclosing any facts necessary to receive unemployment insurance, Medicaid or other public benefits to which you are entitled, (vi) engaging in communications or activities protected by Section 7 of the National Labor Relations Actindirectly, or (vii) disclosing to an attorney, if the underlying facts disclosure is made solely for the purpose of reporting or circumstances relating to claims investigating a suspected violation of discriminationlaw. Accordingly, retaliation or harassment against the Company; provided however, Employee understands that you represent and affirm that you are not aware of any facts or circumstances (including any injuries or illnesses) related to any claims against the Released Parties concerning discrimination, harassment, retaliation, or workers’ compensation. b. Additionally, you are hereby notified, in accordance with the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1833(b), that you will he shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret of the Company that (xi) is made (iA) in confidence to a federal, state, or local government official, either directly or indirectly, or to your an attorney, and (iiB) solely for the purpose of reporting or investigating a suspected violation of law; or (yii) is made in a complaint or other document filed under seal in a lawsuit or other proceeding, if such filing is made under seal. If you file The Employee likewise understands that, in the event he files a lawsuit for retaliation by the Company or the Parent for reporting a suspected violation of law, you he may disclose the trade secret information secret(s) of the Company or the Parent to your his attorney and use the trade secret information in the court proceeding, if you he (Ai) file files any document containing the trade secret under seal seal; and (Bii) do does not disclose the trade secret secret, except pursuant to court order. The communications, statementsIn accordance with applicable law, and activities permitted under notwithstanding any other provision of this Section 5 are referred Agreement, nothing in this Agreement or any of any policies or agreements of the Company, the Parent, or their affiliates applicable to collectively as “Protected Activities.”the Employee (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

Protected Activities. a. The Parties acknowledge Pursuant to 18 U.S.C. § 1833(b), Employee understands that Employee will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret of the Company that (i) is made (a) in confidence to a federal, state, or local government official, either directly or indirectly, or to Employee’s attorney and agree (b) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. Employee understands that if Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Employee may disclose the trade secret to Employee’s attorney and use the trade secret information in the court proceeding if Employee (A) files any document containing the trade secret under seal, and (B) does not disclose the trade secret, except pursuant to court order. Further, nothing in this Agreement agreement or any other agreement you Employee may have with the Company shall prohibit or restrict you Employee from (i) voluntarily communicating with an attorney retained by youEmployee, (ii) voluntarily communicating with or testifying before any law enforcement or enforcement, government agency, including the Securities and Exchange Commission (“SEC”), the Equal Employment Opportunity Commission, the New York State Division of Human rights, the Massachusetts Commission Against Discrimination, or any other federal, state or local commission on human rights, or any self-regulatory organization, or otherwise initiating, assisting with, or participating in any manner with an investigation conducted by such government agency, in each case, organization regarding possible violations of law and law, in each case without advance notice to the Company, (iii) recovering a SEC whistleblower award as provided under Section 21F of the Securities Exchange Act of 1934, (iv) disclosing any information (including, without limitation, including confidential information) to a court or other administrative or legislative body in response to a subpoena, court order or written request (with advance notice to the Company prior to any subpoena provided that you first promptly notify (such disclosure to the extent legally permissible) the Company and, with respect to any subpoena on behalf of any non-governmental person or entity, use commercially reasonable efforts to cooperate with any effort by the Company to seek to challenge the subpoena on behalf of any non-governmental person or entity or obtain a protective order limiting its disclosure, or other appropriate remedy, (v) filing or disclosing any facts necessary to receive unemployment insurance, Medicaid or other public benefits to which you are entitled, (vi) engaging in communications or activities protected by Section 7 of the National Labor Relations Actpermitted), or (viiv) disclosing the underlying facts or circumstances relating to claims of discrimination, retaliation or harassment in violation of laws prohibiting discrimination, against the Company; provided however, that you represent and affirm that you are not aware of any facts or circumstances (including any injuries or illnesses) related to any claims against the Released Parties concerning discrimination, harassment, retaliation, or workers’ compensation. b. Additionally, you are hereby notified, in accordance with the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1833(b), that you will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret of the Company that (x) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to your attorney, and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (y) in a complaint or other document filed under seal in a lawsuit or other proceeding. If you file a lawsuit for retaliation by the Company for reporting a suspected violation of law, you may disclose the trade secret information to your attorney and use the trade secret information in the court proceeding, if you (A) file any document containing the trade secret under seal and (B) do not disclose the trade secret except pursuant to court order. The communications, statements, and activities permitted under this Section 5 are referred to collectively as “Protected Activities.”

Protected Activities. a. The Parties acknowledge and agree Notwithstanding the foregoing, other than events expressly contemplated by this Agreement, you do not waive or release rights or Claims that nothing may arise from events that occur after the date this Release is executed. Also excluded from this Agreement are any Claims which cannot be waived by law, including, without limitation, any rights you may have under applicable workers’ compensation laws. Nothing in this Agreement or any other agreement you may have with the Company shall prohibit or restrict prevent you from (i) voluntarily communicating with an attorney retained by youfiling, (ii) voluntarily communicating with cooperating with, or testifying participating in any proceeding or investigation before any law enforcement or government agency, including the Securities and Exchange Commission (“SEC”), the Equal Employment Opportunity Commission, the New York State Division United States Department of Human rightsLabor, the Massachusetts National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission Against Discrimination, or any other federalfederal government agency, or similar state or local commission on human rightsagency (“Government Agencies”), or exercising any self-regulatory organization, or otherwise initiating, assisting with, or participating in any manner with an investigation conducted by such government agency, in each case, regarding possible violations of law and without advance notice rights pursuant to the Company, (iii) recovering a SEC whistleblower award as provided under Section 21F of the Securities Exchange Act of 1934, (iv) disclosing any information (including, without limitation, confidential information) to a court or other administrative or legislative body in response to any subpoena provided that you first promptly notify (to the extent legally permissible) the Company and, with respect to any subpoena on behalf of any non-governmental person or entity, use commercially reasonable efforts to cooperate with any effort by the Company to seek to challenge the subpoena on behalf of any non-governmental person or entity or obtain a protective order limiting its disclosure, or other appropriate remedy, (v) filing or disclosing any facts necessary to receive unemployment insurance, Medicaid or other public benefits to which you are entitled, (vi) engaging in communications or activities protected by Section 7 of the National Labor Relations Act. You further understand this Agreement does not limit your ability to voluntarily communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or (vii) disclosing other information, without notice to the underlying facts Company. While this Agreement does not limit your right to receive an award for information provided to the Securities and Exchange Commission, you understand and agree that you are otherwise waiving, to the fullest extent permitted by law, any and all rights you may have to individual relief based on any Claims that you have released and any rights you have waived by signing this Agreement. If any Claim is not subject to release, to the extent permitted by law, you waive any right or circumstances relating ability to claims be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a Claim in which any of discrimination, retaliation the Company Parties is a party. This Agreement does not abrogate your existing rights under any Company benefit plan or harassment against any plan or agreement related to equity ownership in the Company; provided however, that it does waive, release and forever discharge Claims existing as of the date you represent and affirm that you are not aware of any facts or circumstances (including any injuries or illnesses) related execute this Agreement pursuant to any claims against the Released Parties concerning discrimination, harassment, retaliation, such plan or workers’ compensationagreement. b. Additionally, you are hereby notified, in accordance with the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1833(b), that you will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret of the Company that (x) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to your attorney, and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (y) in a complaint or other document filed under seal in a lawsuit or other proceeding. If you file a lawsuit for retaliation by the Company for reporting a suspected violation of law, you may disclose the trade secret information to your attorney and use the trade secret information in the court proceeding, if you (A) file any document containing the trade secret under seal and (B) do not disclose the trade secret except pursuant to court order. The communications, statements, and activities permitted under this Section 5 are referred to collectively as “Protected Activities.”

Protected Activities. a. The Parties acknowledge and agree that Notwithstanding anything herein to the contrary, nothing in this Agreement or any other agreement you may have the PIIA shall (a) prohibit Executive from filing a charge with the Company shall prohibit or restrict you from (i) voluntarily communicating with an attorney retained by you, (ii) voluntarily communicating with or testifying before any law enforcement or government agency, including the Securities and Exchange Commission (“SEC”), the Equal Employment Opportunity Commission, the New York State Division of Human rightsNational Labor Relations Board, the Massachusetts Occupational Safety and Health Administration, the Securities and Exchange Commission Against Discrimination, or any other federalcomparable federal agency, state agency or local commission on human rights, or any self-securities regulatory organization, or otherwise initiating, assisting with, or participating in any manner with an investigation conducted by such government agency, in each case, regarding body (the “Government Agencies”); (b) prohibit Executive from reporting possible violations of law and to an appropriate Government Agency in a confidential manner without advance notice to the CompanyCompany as authorized in any whistleblower protection provisions of any federal or state law or regulation; (c) communicating directly with any governmental, law enforcement, regulatory or self-regulatory body; (iiid) recovering limit Executive’s lawful opportunity to cooperate with or participate in any administrative proceeding or investigation that may be conducted by a SEC whistleblower Government Agency; (e) receive awards from a Government Agency as a result of reporting or cooperation; or (f) 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. With respect to any information disclosed pursuant to this protected activity exception that may constitute confidential or proprietary information, Executive agrees to take all reasonable precautions to prevent any unauthorized use or disclosure to any parties other than the relevant agency or 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 Executive, and Executive 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 in the future without regard to who filed or brought such claim. However, this Agreement does not waive Executive’s right to receive an award as provided under 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, (iv) disclosing any information (including, without limitation, confidential information) to a court Executive’s participation in an investigation or other administrative or legislative body in response to any subpoena legal matter may include a disclosure of trade secret information provided that you first promptly notify (to it must comply with the extent legally permissible) the Company and, with respect to any subpoena on behalf of any non-governmental person or entity, use commercially reasonable efforts to cooperate with any effort by the Company to seek to challenge the subpoena on behalf of any non-governmental person or entity or obtain a protective order limiting its disclosure, or other appropriate remedy, (v) filing or disclosing any facts necessary to receive unemployment insurance, Medicaid or other public benefits to which you are entitled, (vi) engaging restrictions in communications or activities protected by Section 7 of the National Labor Relations Act, or (vii) disclosing the underlying facts or circumstances relating to claims of discrimination, retaliation or harassment against the Company; provided however, that you represent and affirm that you are not aware of any facts or circumstances (including any injuries or illnesses) related to any claims against the Released Parties concerning discrimination, harassment, retaliation, or workers’ compensation. b. Additionally, you are hereby notified, in accordance with the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1833(b2016 (“DTSA”), . The DTSA provides that you no individual will not be held criminally or civilly liable under any federal Federal or state State trade secret law for the disclosure of a trade secret of the Company that that: (xi) is made (i) in confidence to a federalFederal, stateState, or local government official, either directly or indirectly, or to your an attorney, ; and (ii) made solely for the purpose of reporting or investigating a suspected violation of law; or or, (yii) is made in a complaint or other document filed if such filing is under seal in a lawsuit or other proceedingso that it is not made public. If you file Also, an individual who pursues a lawsuit for retaliation by the Company an employer for reporting a suspected violation of law, you the law may disclose the trade secret information to your the attorney of the individual and use the trade secret information in the court proceeding, if you (A) file the individual files any document containing the trade secret under seal seal, and (B) do does not disclose the trade secret secret, except pursuant to as permitted by court order. The communications, statements, and activities permitted under this Section 5 are referred to collectively as “Protected Activities.”