Common use of Protected Rights Clause in Contracts

Protected Rights. I understand that (a) nothing contained in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or shall be construed as limiting, my ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (each a “Government Agency”); (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual 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 in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney 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 (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order.

Appears in 4 contracts

Sources: Severance Agreement (Verso Corp), Severance Agreement (Verso Corp), Severance Agreement (Verso Corp)

Protected Rights. I understand that (a) nothing contained Nothing in this Waiver or in any other contract to which I am a party with Verso Agreement is intended to limitwaive claims: (i) for vested rights under ERISA-covered employee benefit plans as applicable on the date you sign this Agreement; (ii) that may arise after the parties sign this Agreement; or (iii) which cannot be released by private agreement. In addition, nothing in this Agreement including but not limited to the release of claims, cooperation, non-disparagement, covenant not to ▇▇▇, acknowledgements and representations, shall be construed to waive your right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct on the part of the Company, or on the part of the agents or employees of the Company, when you have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, or shall be construed as limiting, my ability to file prevent you from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the United States Equal Employment Opportunity CommissionCommission (EEOC), the National Labor Relations BoardBoard (NLRB), the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other any federal, state or local governmental agency charged with the enforcement of any laws, or commission from exercising rights under Section 7 of the National Labor Relations Act (each NLRA) to engage in joint activity with other employee, although by signing this release you are waiving rights to individual relief based on claims asserted in such a “Government Agency”); (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency charge or otherwise participate in any investigation complaint, or proceeding that may be conducted asserted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a third-party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual 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 in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney 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 (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secreton your behalf, except pursuant to court orderwhere such a waiver of individual relief is prohibited. ALTHOUGH THE PARTIES MAY HAVE AGREED TO KEEP THIS AGREEMENT, ITS TERMS AND UNDERLYING DETAILS CONFIDENTIAL, SUCH A PROVISION IS UNENFORCEABLE AS TO THE UNDERLYING DETAILS OF ANY CLAIM OF HARASSMENT, DISCRIMINATION OR RETALIATION AND IS UNENFORCEABLE AGAINST THE EMPLOYER IF THE EMPLOYEE PUBLICLY REVEALS SUFFICIENT DETAILS OF THE CLAIM SO THAT THE EMPLOYER IS REASONABLY IDENTIFIABLE.

Appears in 3 contracts

Sources: Employment Agreement (Clover Health Investments, Corp. /De), Employment Agreement (Clover Health Investments, Corp. /De), Employment Agreement (Clover Health Investments, Corp. /De)

Protected Rights. I understand that (a) nothing contained in this Waiver or in Notwithstanding any other contract provision of the Restrictive Covenant Agreement, nothing in the Restrictive Covenant Agreement, this Agreement or otherwise limits the Participant’s ability to which I am a party communicate directly with Verso is intended and provide information, including documents, not otherwise protected from disclosure by any applicable law or privilege to limitthe SEC, or shall be construed as limiting, my ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (each a “Government Agency”)) or self-regulatory organization regarding possible legal violations, without disclosure to the Company or any of its Affiliates or prevents the Participant from: (a) filing a charge or complaint with any federal, state or local governmental agency or commission; (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency providing truthful testimony in litigation; or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver discussing or disclosing information about sexual harassment, sexual assault or unlawful acts in the workplace (and any including harassment, discrimination or other contract conduct the Participant has reason to which I am a party with Verso) believe is unlawful). The Participant does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from need the Securities and Exchange Commission pursuant to Section 21F prior authorization of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso Company or any of its subsidiaries (as Affiliates to make any such confidential information is determined pursuant reports or disclosures, and the Participant shall not be required to notify the Restrictive Covenant Agreement) to Company or any parties other than of its Affiliates that such reports or disclosures have been made. Neither the Government Agencies. I further understand that Company nor any of its Affiliates may retaliate against the protected rights described Participant for any of these activities, and nothing in this Section 9 do not include Agreement requires the disclosure of Executive to waive any Verso (monetary award or other Releasee) attorneypayment to which the Participant might become entitled from the SEC or any other Government Agency or self-client privileged communications or attorney work productregulatory organization. In addition, pursuant Pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am the Participant hereby notified that an acknowledges receipt of the following notice required pursuant to 18 U.S.C § 1833(b)(1): “An individual will shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (iA) is made (i) in confidence to a federal, state, or local government official (official, either directly or indirectly) , or to an attorney attorney; and (ii) 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 (and only if) such filing is made under seal.” Nothing in this Section 11 is intended to conflict with 18 U.S.C. § 1833(b) or create liability for disclosures of trade secrets that are expressly allowed by 18 U.S.C. § 1833(b). In additionAccordingly, the Participant has the right to disclose in confidence trade secrets to federal, state, and local government officials, or to an individual who attorney, for the sole purpose of reporting or investigating a suspected violation of law. If the Participant files a lawsuit for retaliation by an employer the Company or any of its Affiliates for reporting a suspected violation of law may law, the Participant also has the right to disclose the Company’s and its Affiliates’ trade secret secrets to the individualParticipant’s attorney and use the trade secret information in the court proceeding, proceeding if the individual Participant (1) files any document containing the trade secret under seal and (2) does not disclose the trade secret, except pursuant to a court order. The Participant’s rights as described in this Section 11 are referred to as the “Protected Rights.

Appears in 3 contracts

Sources: Incentive Stock Option Award Agreement (Venture Global, Inc.), Restricted Stock Unit Award Agreement (Venture Global, Inc.), Non Qualified Stock Option Award Agreement (Venture Global, Inc.)

Protected Rights. I understand that (a) An individual may 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 (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. Further, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the employer's trade secrets to the attorney and use the trade secret information in the court proceeding if the individual: (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order. (b) You understand that this general release does not apply to those rights that as a matter of law cannot be waived. You further understand that nothing contained in this Waiver Agreement or in any other contract to which I am a party with Verso is intended to limit, or shall be construed as limiting, my the Confidentiality Agreement limits Your ability to do any of the following: (i) file a claim for unemployment or workers' compensation insurance; (ii) file a charge or complaint with the United States U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission Commission, or any other federal, state or local governmental agency or commission (each a “Government AgencyAgencies”); (biii) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Versothe Company; (iv) testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment on the part of the Company or any agent or employee of the Company when You are required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or a legislature; and (cvii) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarityAgencies, provided, however, You agree that if any claim is prosecuted in Your name before any court or administrative agency, You waive and as required by law, this Waiver (and any other contract to which I am a party with Verso) does agree not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as damages from such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual 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 in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney 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 (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court ordersuit.

Appears in 3 contracts

Sources: Severance Benefits Agreement (AutoWeb, Inc.), Severance Benefits Agreement (AutoWeb, Inc.), Severance Benefits Agreement (AutoWeb, Inc.)

Protected Rights. I understand that Notwithstanding anything herein to the contrary, nothing in this Agreement prohibits you from: (a) nothing contained in this Waiver or in any other contract to which I am a party with Verso is intended to limitfiling and, or shall be construed as limiting, my ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, provided for under Section 21F of the Securities and Exchange Commission or any other federalAct of 1934, state or local governmental agency or commission as amended (each a Government AgencySection 21F”)), maintaining the confidentiality of a claim with the U.S. Securities and Exchange Commission; (b) this Waiver exercising any legally protected whistleblower rights (and including pursuant to Section 21F), initiating communications directly with, providing information to, responding to any other contract inquiries from, or reporting possible violations of law or regulation to which I am a party with Verso) does not limit my ability to communicate with any Government Agency governmental entity or otherwise participate self-regulatory authority, or cooperating, participating or assisting in any an investigation or proceeding that may be conducted by of any Government Agency, including providing documents governmental entity or other information, without notice self-regulatory authority (and you shall not need any Company Entities’ permission to Versodo so); and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive receiving an incentive award for information provided to any Government Agencygovernment agency under any legally protected whistleblower rights; or (d) disclosing or discussing information lawfully acquired about wages, hours or other terms and conditions of employment if used for purposes protected by Section 7 of the National Labor Relations Act such as joining or forming a union, engaging in collective bargaining or engaging in other concerted activity for the mutual aid or protection of employees. For clarity, and as required by lawIn addition, this Waiver (and Agreement shall not require you to notify any other contract Company Entity of a request for information from any governmental entity or self-regulatory authority or of your decision to which I am file a party charge with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amendedor participate in an investigation conducted by any governmental entity or self-regulatory authority. Notwithstanding the foregoing, I agree you recognize that, in connection with the provision of information to take all reasonable precautions any governmental entity or self-regulatory authority, you must inform such governmental entity or self-regulatory authority that the information you are providing is confidential. Despite the foregoing, you are not permitted to prevent reveal to any unauthorized use third party, including any governmental entity or disclosure of any self-regulatory authority, information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant you came to learn during you service to the Restrictive Covenant Agreement) Company that is protected from disclosure by any applicable privilege, including but not limited to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications privilege or attorney work productproduct doctrine. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual 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 in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney 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 (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and The Company does not disclose waive any applicable privileges or the trade secretright to continue to protect its privileged attorney-client information, except pursuant to court orderattorney work product, and other privileged information.

Appears in 3 contracts

Sources: Terms of Employment (Lazard, Inc.), Employment Agreement (Lazard, Inc.), Employment Agreement (Lazard, Inc.)

Protected Rights. I understand that (a) nothing contained Nothing in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or Reaffirmation shall be construed as limitingan attempt to waive any right or claim which: is not waivable as a matter of law, my is provided under this Reaffirmation or arises after the signing of this Reaffirmation, involves unemployment compensation benefits if Employee is otherwise qualified for such benefits under applicable law, or involves any pending workers’ compensation claim (however Employee states he has no unfiled workers’ compensation claim or unreported injury). To the extent that any such claim cannot be waived as a matter of law, it is understood that Employee reserves the right to file such claim, but Employee expressly waives Employee’s right to any relief of any kind should Employee or any other person or entity pursue any claim on Employee’s behalf except as stated below. (b) Nothing in this Reaffirmation limits Employee’s ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission (“SEC”) or any other federal, state or local governmental agency or commission (each a “Government AgencyAgencies”); (b) . Employee further understands that this Waiver (and any other contract to which I am a party with Verso) Reaffirmation does not limit my Employee’s ability to communicate with any Government Agency Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government AgencyAgencies, including providing documents or other information, without notice to Verso; and (c) the Company. Neither this Waiver (and Reaffirmation nor any other contract to which I am a party with Verso) does not limit my Reaffirmation or policy of Team limits Employee’s right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and the SEC or any other contract non-waivable right to which I am a party with Verso) does not prevent me from accepting a whistleblower recover an award from another governmental agency. (c) Neither this Reaffirmation nor any other agreement or policy of Team shall prohibit Employee from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that following disclosures: (i) is disclosures of trade secrets made in confidence to a federal, state, or local government official (directly or indirectly) official, or to an attorney attorney, solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is disclosures of trade secrets made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In additionseal or per court order, an individual who files or (iii) disclosures of trade secrets by a plaintiff to his or her attorney in a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use of the trade secret information in the court proceeding, if the individual files any document containing the trade secret secrets is filed under seal and does not disclose the trade secretsecrets, except pursuant to court order, or (iv) other actions protected as whistleblower activity under applicable law. Employee is not required to notify Team of these allowed reports or disclosures.

Appears in 2 contracts

Sources: Severance Agreement, Severance Agreement (Team Inc)

Protected Rights. I understand that Nothing in this Agreement is intended to waive claims (a) for unemployment or workers’ compensation benefits, if applicable, (b) for rights under ERISA-covered employee benefit plans that are vested on or before the date the Executive signs this Agreement, (c) that may arise after the Executive signs this Agreement, (d) for reimbursement of expenses under the Company’s expense reimbursement policies, or (e) which cannot be released by private agreement. In addition, nothing contained in this Waiver or Agreement including but not limited to the acknowledgments, release of claims, proprietary information, confidentiality, cooperation, and non-disparagement provisions, (w) precludes the Executive from testifying in any other contract to which I am a party with Verso is intended to limitan administrative, legislative, or shall be construed as limitingjudicial proceeding concerning alleged criminal conduct or alleged unlawful employment practices regarding the Company, my ability its agents, or employees, when the Executive has been required or requested to file do so pursuant to a court order, subpoena, or written request from an administrative agency or the legislature; (x) limits or affects the Executive’s right to challenge the validity of this Agreement under the ADEA or the Older Workers Benefit Protection Act, (y) prevents the Executive from communicating with, filing a charge or complaint with with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission Commission, the Occupational Health and Safety Administration, law enforcement, or any other any federal, state or local governmental agency charged with the enforcement of any laws, or commission from responding to a subpoena or discovery request in court litigation or arbitration, or (each z) limits the Executive from exercising rights, if any, under Section 7 of the NLRA or similar state law to engage in protected, concerted activity with other employees, although by signing this Agreement the Executive is waiving rights to individual relief (including backpay, frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by the Executive or on the Executive’s behalf by any third party, except for any right the Executive may have to receive a “Government Agency”); (b) this Waiver payment or award from a government agency (and any other contract to which I am a party with Versonot the Company) does not limit my ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use government agency or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual 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 in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney 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 (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court orderotherwise where prohibited.

Appears in 2 contracts

Sources: Transition and Release Agreement (Medline Inc.), Transition and Release Agreement (Medline Inc.)

Protected Rights. a) Notwithstanding the foregoing or anything else in this Agreement, I understand that (a) nothing contained in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or shall be construed as limiting, my ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (each a “Government Agency”); (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual 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 in confidence to a United States federal, state, or local government official (directly or indirectly) or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, (b) I will not be held criminally or (ii) civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, and (c) an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney of the individual and use the trade secret information in the court proceeding, proceeding if the individual files any document containing the trade secret under seal seal, and does not disclose the trade secret, except pursuant to court order. b) In addition, I understand that nothing in this Agreement shall be construed to prohibit me from exercising any legal rights with the Equal Employment Opportunity Commission, the National Labor Relations Board (NLRB), or any other federal, state or local agency charged with the enforcement of any law applicable to the Company or participating in any investigation or proceeding conducted by such agency. I understand that Section 7 of the National Labor Relations Act guarantees employees the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for collective bargaining or other mutual aid or protection, as well as the right to refrain from any or all such activities. Nothing contained in this Agreement limits rights under the National Labor Relations Act. c) Further, I understand that except as otherwise provided in NRS 233.190, nothing in this Agreement prohibits or restricts me from testifying at a judicial or administrative proceeding, when the party has been required or requested to testify at the proceeding pursuant to a court order, a lawful subpoena, or a written request by an administrative agency, and the proceeding concerns the Company and its alleged commission of a criminal offense, an act of sexual harassment, an act of discrimination based on race, religion, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, age or sex, or retaliation for the reporting of such discrimination. d) Finally, with respect to sexual assault dispute or sexual harassment dispute, nothing in this Agreement prohibits (i) disclosure or discussion of conduct, the existence of a settlement involving conduct, or information covered by the terms and conditions of the contract or agreement; or (ii) negative statements about another party that relates to the contract, agreement, claim or case.

Appears in 2 contracts

Sources: Employment Agreement (Hycroft Mining Holding Corp), Employment Agreement (Hycroft Mining Holding Corp)

Protected Rights. I understand and agree that (a) nothing contained in this Waiver Agreement precludes me from communicating directly with the U.S. Securities and Exchange Commission (“SEC”) or the Financial Industry Regulatory Authority (“FINRA”) regarding potential securities issues or concerns, if any. Further, I understand and agree that nothing in any other contract to which I am a party with Verso this Agreement is intended to limitto, or shall be construed as limitingshall, interfere with my ability rights to file a charge or complaint with, participate in a proceeding by, or cooperate with the United States U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission SEC, FINRA, or any other federal, state or local governmental government agency or commission (each a “Government Agency”); (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other informationinformation to such agencies), without notice none of which shall constitute a breach of this Agreement or any applicable policy or procedure of the Company or any Related Company. I also understand and agree that I do not need to Verso; receive prior or later authorization from the Company to make any such governmental reports or disclosures, and (c) this Waiver (and any other contract to which I am a party with Versonot required to notify the Company (in advance or otherwise) does not limit my right to receive an incentive award for information provided to when taking any Government Agencysuch action. For clarityFurther, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the federal Defend Trade Secrets Act of 20162016 (the “Act”) provides immunity from liability in certain circumstances to Company employees, I acknowledge that I am hereby notified that an individual will not be held criminally contractors, and consultants for limited disclosures of Company “trade secrets,” as defined by the Act. Specifically, Company employees, contractors, and consultants may disclose trade secrets: (1) in confidence, either directly or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made in confidence indirectly, to a federal, state, or local government official (directly or indirectly) official, or to an attorney attorney, “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 (and only if) such filing is made under seal. In addition.” Additionally, an individual Company employees, contractors, and consultants who files a lawsuit file lawsuits for retaliation by an employer for reporting a suspected violation of law may use and disclose related trade secrets in the following manner: (1) the individual may disclose the trade secret to their attorney, and (2) the individual’s attorney and individual may use the trade secret information in the court proceeding, if as long as the individual files any document containing the trade secret under seal and does not otherwise disclose the trade secret, secret “except pursuant to court order.

Appears in 2 contracts

Sources: Executive Employment and Restrictive Covenant Agreement (Premier, Inc.), Executive Employment Agreement (Premier, Inc.)

Protected Rights. I understand that (a) nothing contained Notwithstanding anything to the contrary in this Waiver or Agreement, you understand that nothing in any other contract to which I am a party with Verso this Agreement is intended to limitprohibit you and you are not prohibited from reporting possible violations of law to, filing charges with, making disclosures protected under the whistleblower provisions of U.S. federal law or regulation, or shall be construed as limitingparticipating in investigations of U.S. federal law or regulation by the U.S. Securities and Exchange Commission, my ability to file a charge or complaint with the United States National Labor Relations Board, Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission U.S. Department of Justice, the U.S. Congress, any U.S. agency Inspector General or any other self-regulatory agencies or federal, state or local governmental agency or commission agencies (collectively, “Government Agencies,” and each a “Government Agency”); . Accordingly, you do not need the prior authorization of the Company to make any such reports or disclosures or otherwise communicate with Government Agencies and are not required to notify the Company that you have engaged in any such communications or made any such reports or disclosures. You agree, however, to waive any right to receive any monetary award resulting from such a report, charge, disclosure, investigation or proceeding, except that you may receive and fully retain any award from a whistleblower award program administered by a Government Agency. (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge you are advised that I am hereby notified that an 18 U.S.C. § 1833(b) states: “An individual will 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 (ithat-(A) is made made-(i) in confidence to a federalFederal, stateState, or local government official (official, either directly or indirectly) , or to an attorney attorney; and (ii) 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 (and only if) such filing is made under seal. In addition.” Accordingly, you have the right to disclose in confidence trade secrets to Federal, State, and local government officials, or to an individual who files a lawsuit attorney, for retaliation by an employer for the sole purpose of reporting or investigating a suspected violation of law may law. You also have the right to disclose the trade secret to the individual’s attorney and use the trade secret information secrets in the court a document filed in a lawsuit or other proceeding, but only if the individual files any document containing the trade secret filing is made under seal and does not disclose the protected from public disclosure. Nothing in this Agreement is intended to conflict with 18 U.S.C. § 1833(b) or create liability for disclosures of trade secret, except pursuant to court ordersecrets that are expressly allowed by 18 U.S.C. § 1833(b).

Appears in 2 contracts

Sources: Executive Separation Agreement (Inovalon Holdings, Inc.), Executive Separation Agreement and Release (Inovalon Holdings, Inc.)

Protected Rights. I understand that (a) nothing contained Nothing in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or Agreement shall be construed as limitingan attempt to waive any right or claim which: is not waivable as a matter of law, my is provided under this Agreement or arises after the signing of this Agreement, involves unemployment compensation benefits if Employee is otherwise qualified for such benefits under applicable law, or involves any pending workers’ compensation claim (however, Employee represents that he has no unfiled workers’ compensation claim or unreported injury). To the extent that any such claim cannot be waived as a matter of law, it is understood that Employee reserves the right to file such claim, but Employee expressly waives Employee’s right to any relief of any kind should Employee or any other person or entity pursue any claim on Employee’s behalf except as stated below. 4 (b) Nothing in this Agreement limits Employee’s ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission (“SEC”) or any other federal, state or local governmental agency or commission (each a “Government AgencyAgencies”); (b) . Employee further understands that this Waiver (and any other contract to which I am a party with Verso) Agreement does not limit my Employee’s ability to communicate with any Government Agency Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government AgencyAgencies, including providing documents or other information, without notice to Verso; and (c) the Company. Neither this Waiver (and Agreement nor any other contract to which I am a party with Verso) does not limit my agreement or policy of Team limits Employee’s right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and the SEC or any other contract non-waivable right to which I am a party with Verso) does not prevent me from accepting a whistleblower recover an award from another governmental agency. (c) Neither this Agreement nor any other agreement or policy of Team shall prohibit Employee from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that following disclosures: (i) is disclosures of trade secrets made in confidence to a federal, state, or local government official (directly or indirectly) official, or to an attorney attorney, solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is disclosures of trade secrets made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In additionseal or per court order, an individual who files or (iii) disclosures of trade secrets by a plaintiff to his or her attorney in a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use of the trade secret information in the court proceeding, if the individual files any document containing the trade secret secrets is filed under seal and does not disclose the trade secretsecrets, except pursuant to court order, or (iv) other actions protected as whistleblower activity under applicable law. Employee is not required to notify Team of these allowed reports or disclosures.

Appears in 1 contract

Sources: Severance Agreement

Protected Rights. I understand Releasor understands this Release does not release any claims that (a) nothing contained cannot be released as a matter of law. Releasor further understands no provisions in this Waiver or in any other contract Release, including but not limited to which I am a party with Verso the provisions addressing Released Claims, Covenant Not to ▇▇▇, Non-Disparagement, Cooperation and/or Confidentiality, is intended to or shall limit, prevent, impede or shall be construed as limitinginterfere with his non-waivable rights, my ability without prior notice to file a charge or complaint with the United States Equal Employment Opportunity CommissionCompany, to provide information to the National Labor Relations Boardgovernment, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (each a “Government Agency”); (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency or otherwise participate in investigations, testify in proceedings regarding the Company's past or future conduct, or engage in any investigation activities protected under whistleblower statutes, or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive and fully retain a monetary award from a government-administered whistleblower award program for providing information provided directly to any Government Agencya government agency. For clarityNotwithstanding the above, and as required unless otherwise prohibited by law, by signing this Waiver (Release, Releasor releases and waives his right to claim or recover monetary damages directly from Company in any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934charge, as amendedcomplaint, or lawsuit filed by him or by anyone else on his behalf, for any released claims. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information Releasor also understands that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual will he shall not be held criminally criminally, or civilly civilly, liable under any federal Federal or state trade State Trade secret law for the disclosure of a trade secret that (i) is made in confidence either directly or indirectly to a federalFederal, stateState, or local government official (directly official, or indirectly) or to an attorney solely attorney, for the sole purpose of reporting reporting, or investigating investigating, a suspected violation of law. Moreover, Releasor understands employees may disclose trade secrets in a complaint, or (ii) is made in a complaint or other document document, filed in a lawsuit lawsuit, or other proceeding, if (and only if) such filing is made under seal. In additionFinally, Releasor understands an individual employee who files a lawsuit for alleging retaliation by an employer a company for reporting a suspected violation of the law may disclose the trade secret to the individual’s his attorney and use the trade secret information in the court proceeding, if the individual employee files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order. Further, Releasor understands that claims challenging the validity of this Release under the ADEA as amended by the OWBPA are not released. Finally, ▇▇▇▇▇▇'▇ rights to indemnification under the provisions of the California Corporations and Labor Code are not released.

Appears in 1 contract

Sources: Settlement Agreement (Energy Recovery, Inc.)

Protected Rights. I understand The below subparagraphs set forth certain protected rights of the Employee that are collectively referred to in this Agreement as the “Protected Rights”. (a) nothing contained Nothing in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or Agreement shall be construed as limitingan attempt to waive any right or claim which: is not waivable as a matter of law, my is provided under this Agreement or arises after the signing of this Agreement, involves any vested benefits pursuant to an ERISA employee benefits plan, unemployment compensation benefits if Employee is otherwise qualified for such benefits under applicable law, involves the Indemnification Agreement entered into between Team and Employee (the “Indemnification Agreement”) or claims for D&O insurance, or involves any pending workers’ compensation claim (however Employee represents there are no unfiled workers’ compensation claims or unreported injuries). To the extent that any such claim cannot be waived as a matter of law, it is understood that Employee reserves the right to file such claim, but Employee expressly waives Employee’s right to any relief of any kind should Employee or any other person or entity pursue any claim on Employee’s behalf except as stated below. (b) Nothing in this Agreement limits Employee’s ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission (“SEC”) or any other federal, state or local governmental agency or commission (each a “Government AgencyAgencies”); (b) . Employee further understands that this Waiver (and any other contract to which I am a party with Verso) Agreement does not limit my Employee’s ability to communicate with any Government Agency Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government AgencyAgencies, including providing documents or other information, without notice to VersoTeam. Employee understands and recognizes, however, that even if a report or disclosure is made or a charge is filed by Employee or on Employee’s behalf with a governmental agency, Employee will not be entitled to any damages or payment of any money or other relief personal to Employee relating to any event which occurred prior to Employee’s execution of this Agreement; and however, excluded from this is any non-waivable recovery rights with the SEC or as otherwise applicable. (c) Neither this Waiver (and Agreement nor any other contract agreement or policy of Team shall prohibit Employee from making, or submit Employee to which I am civil or criminal liability under a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for for, the disclosure of a trade secret that following disclosures: (i) is disclosures of trade secrets made in confidence to a federal, state, or local government official (directly or indirectly) official, or to an attorney attorney, solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is disclosures of trade secrets made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In additionseal or per court order, an individual who files or (iii) disclosures of trade secrets by a plaintiff to his or her attorney in a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use of the trade secret information in the court proceeding, if the individual files any document containing the trade secret secrets is filed under seal and does not disclose the trade secretsecrets, except pursuant to court order, or (iv) other actions protected as whistleblower activity under applicable law. Employee is not required to notify Team of these allowed reports or disclosures. (d) No release contained herein shall serve to release or limit Employee’s right to file suit for breach of this Agreement or to enforce this Agreement.

Appears in 1 contract

Sources: Confidential Severance and Consulting Agreement and Release (Team Inc)

Protected Rights. I a. You understand that (a) nothing contained in this Waiver or in any other contract to which I am a party with Verso Company agreement, policy, or practice, including this Agreement and the exhibits attached hereto, limits or is intended to limit, or shall be construed as limiting, my limit your ability to file a charge or complaint with with, to provide documents or information voluntarily or in response to a lawfully- served subpoena or other information request to, or to participate in an investigation or proceeding conducted by, the United States Equal Employment Opportunity CommissionCommission (the “EEOC”), the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission Commission, or any other federal, state state, or local governmental government agency or commission (each each, a “Government Agency”); (b) . You further understand that nothing in any Company agreement, policy, or practice, including this Waiver (and any other contract Agreement, limits or is intended to which I am a party with Verso) does not limit my your ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) the Company. This Agreement does not limit my your right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, . b. You understand that nothing in this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso Agreement or any of its subsidiaries exhibits attached hereto: (as such confidential information is determined pursuant i) applies to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include claims for, or prevents the disclosure of any Verso (facts necessary to obtain, unemployment benefits, workers’ compensation benefits, Medicaid, or other Releaseepublic benefits to which you may be entitled; (ii) attorneyapplies to claims arising after the date you sign this Agreement; (iii) applies to claims for reimbursement of expenses under the Company’s expense reimbursement policies; (iv) applies to claims for any vested rights under the Company’s ERISA-client privileged communications covered employee benefit plans as applicable on the date you sign this Agreement; (v) applies to claims that controlling law clearly states may not be released by private agreement; (vi) limits or attorney affects your right, if any, to challenge the validity of this Agreement under the ADEA or the OWBPA; (vii) applies to a non-disclosure or non-disparagement clause agreed to before a dispute arises involving a nonconsensual sexual act or sexual contact, including when the victim lacks capacity to consent, or relating to conduct that is alleged to constitute sexual harassment; or (viii) prevents a non-supervisory or non-managerial employee from engaging in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”) or under similar state law. Activity protected under Section 7 of the NLRA includes: (1) organizing a union to negotiate with their employer concerning their wages, hours, and other terms and conditions of employment; (2) forming, joining, or assisting a union, such as by sharing employee contact information; (3) talking about or soliciting for a union during non- work producttime, such as before or after work or during break times, or distributing union literature during non- work time, in non-work areas, such as parking lots or break rooms; (4) discussing wages and other working conditions with co-workers or a union; (5) taking action with one or more co-workers to improve working conditions by, among other means, raising work-related complaints directly with the employer or with a government agency, or seeking help from a union; (6) striking and picketing, depending on its purpose and means; (7) taking photographs or other recordings in the workplace, together with co-workers, to document or improve working conditions, except where an overriding employer interest is present; (8) wearing union hats, buttons, t-shirts, and pins in the workplace, except under special circumstances; and (9) choosing not to engage in any of these activities. In additionYou further agree that nothing in any Company agreement, pursuant policy, or practice, including this Agreement or any exhibits hereto, is intended to conflict with the foregoing protected rights. However,by signing this Agreement, you are waivingyour right to recover any individual relief, including any backpay, frontpay, reinstatement or other legal or equitable relief, in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to receive a payment or award from a Government Agency (and not the Company) for information provided to said Government Agency and except as provided under applicable law. c. Notwithstanding your confidentiality obligations to the Company under the Confidentiality Agreement, this Agreement, and otherwise, you understand that as providedby the Federal Defend Trade Secrets Act of 2016Act, I acknowledge that I am hereby notified that an individual 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 made: (i) is made in confidence to a federal, ,state, or local government official (governmentofficial, either directly or indirectly) , or to an attorney attorney, and solely for the purpose of reporting or investigating a investigatinga suspected violation of law, ; or (ii) is made in a complaint or complaintor other document filed documentfiled in a lawsuit or other proceeding, if (and only if) such filing is made under seal. d. Notwithstanding the above, you understand that upon the Effective Date, this Agreement will be final and binding. In additionYou promise not to pursueany claim releasedby this Agreement. If you break this promise, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose or otherwise breach your obligations under the trade secret Agreement, you agree to pay the Company’s costs and expenses, including reasonable attorneys’ fees, related to the individual’s attorney defense of any claims covered by this Agreement. Notwithstanding the foregoing, although you are releasing claims you may have under the ADEA and use the trade secret information in OWBPA, you may challengethe knowing and voluntary nature of this release before a court, the court proceeding, if Equal Employment Opportunity Commission or any other Government Agency charged with the individual files enforcement of any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court orderemployment laws.

Appears in 1 contract

Sources: Separation Agreement (Aldeyra Therapeutics, Inc.)

Protected Rights. I understand that (a) nothing contained Nothing in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or Agreement shall be construed as limitingan attempt to waive any right or claim which: is not waivable as a matter of law, my is provided under this Agreement or arises after the signing of this Agreement, involves unemployment compensation benefits if Employee is otherwise qualified for such benefits under applicable law, or involves any pending workers’ compensation claim (however, Employee represents that he has no unfiled workers’ compensation claim or unreported injury). To the extent that any such claim cannot be waived as a matter of law, it is understood that Employee reserves the right to file such claim, but Employee expressly waives Employee’s right to any relief of any kind should Employee or any other person or entity pursue any claim on Employee’s behalf except as stated below. (b) Nothing in this Agreement limits Employee’s ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission (“SEC”) or any other federal, state or local governmental agency or commission (each a “Government AgencyAgencies”); (b) . Employee further understands that this Waiver (and any other contract to which I am a party with Verso) Agreement does not limit my Employee’s ability to communicate with any Government Agency Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government AgencyAgencies, including providing documents or other information, without notice to Verso; and (c) the Company. Neither this Waiver (and Agreement nor any other contract to which I am a party with Verso) does not limit my agreement or policy of Team limits Employee’s right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and the SEC or any other contract non-waivable right to which I am a party with Verso) does not prevent me from accepting a whistleblower recover an award from another governmental agency. (c) Neither this Agreement nor any other agreement or policy of Team shall prohibit Employee from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that following disclosures: (i) is disclosures of trade secrets made in confidence to a federal, state, or local government official (directly or indirectly) official, or to an attorney attorney, solely for the purpose of reporting or investigating a suspected violation of law, or (ii) is disclosures of trade secrets made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In additionseal or per court order, an individual who files or (iii) disclosures of trade secrets by a plaintiff to his or her attorney in a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use of the trade secret information in the court proceeding, if the individual files any document containing the trade secret secrets is filed under seal and does not disclose the trade secretsecrets, except pursuant to court order, or (iv) other actions protected as whistleblower activity under applicable law. Employee is not required to notify Team of these allowed reports or disclosures.

Appears in 1 contract

Sources: Severance Agreement (Team Inc)

Protected Rights. I understand Releasor understands this Release does not release any claims that (a) nothing contained cannot be released as a matter of law. Releasor further understands no provisions in this Waiver or in any other contract Release, including but not limited to which I am a party with Verso the provisions addressing Released Claims, Covenant Not to ▇▇▇, Non-Disparagement, Cooperation and/or Confidentiality, is intended to or shall limit, prevent, impede or shall be construed as limitinginterfere with his non-waivable rights, my ability without prior notice to file a charge or complaint with the United States Equal Employment Opportunity CommissionCompany, to provide information to the National Labor Relations Boardgovernment, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (each a “Government Agency”); (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency or otherwise participate in investigations, testify in proceedings regarding the Company's past or future conduct, or engage in any investigation activities protected under whistleblower statutes, or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive and fully retain a monetary award from a government-administered whistleblower award program for providing information provided directly to any Government Agencya government agency. For clarityNotwithstanding the above, and as required unless otherwise prohibited by law, by signing this Waiver (Release, Releasor releases and waives his right to claim or recover monetary damages directly from Company in any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934charge, as amendedcomplaint, or lawsuit filed by him or by anyone else on his behalf, for any released claims. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information Releasor also understands that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual will he shall not be held criminally criminally, or civilly civilly, liable under any federal Federal or state trade State Trade secret law for the disclosure of a trade secret that (i) is made in confidence either directly or indirectly to a federalFederal, stateState, or local government official (directly official, or indirectly) or to an attorney solely attorney, for the sole purpose of reporting reporting, or investigating investigating, a suspected violation of law. Moreover, Releasor understands employees may disclose trade secrets in a complaint, or (ii) is made in a complaint or other document document, filed in a lawsuit lawsuit, or other proceeding, if (and only if) such filing is made under seal. In additionFinally, Releasor understands an individual employee who files a lawsuit for alleging retaliation by an employer a company for reporting a suspected violation of the law may disclose the trade secret to the individual’s his attorney and use the trade secret information in the court proceeding, if the individual employee files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order. Further, Releasor understands that claims challenging the validity of this Release under the ADEA as amended by the OWBPA are not released. Finally, Gay's rights to indemnification under the provisions of the California Corporations and Labor Code are not released.

Appears in 1 contract

Sources: Settlement Agreement (Energy Recovery, Inc.)

Protected Rights. I understand that (a) nothing contained Nothing in this Waiver Agreement or in otherwise, including the release of claims clause, restricts or prohibits you from initiating communications directly with, responding to any other contract to which I am inquiries from, providing testimony before, providing confidential information to, reporting possible violations of law or regulation to, from filing a party claim or assisting with Verso is intended to limitan investigation directly with, or shall be construed as limitingfrom otherwise communicating with a self-regulatory authority or a government agency or entity, my ability to file a charge or complaint with including the United States U. S. Equal Employment Opportunity Commission, the Department of Labor, the National Labor Relations Board, the Occupational Safety and Health AdministrationDepartment of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General (collectively, the “Regulators”), or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Company may not retaliate against the you for any of these activities, and nothing in this Agreement or otherwise requires you to waive any monetary award or other payment you might become entitled to from the Regulators (subject to the following paragraph). You do not need the prior authorization of the Company to engage in such communications with Regulators, respond to such inquiries from the Regulators, provide confidential information or documents to the Regulators. or make any such reports or disclosures to the Regulators. You are not required to notify the Company that you have engaged in such communications with the Regulators. Further, nothing in this Agreement or otherwise shall interfere with your right to file a charge of discrimination or unfair labor practice with or cooperate or participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission or any other federal, a like charge or complaint with a state or local governmental agency fair employment or commission (each a “Government Agency”); (b) labor Regulator. However, the consideration provided by this Waiver (Agreement shall be the sole relief provided to you and you agree to waive any other contract to which I am a party with Verso) does not limit my ability to communicate monetary benefits or recovery against the Company in connection with any Government Agency or otherwise participate in any investigation such charge, claim or proceeding that may be conducted by any Government Agencywithout regard to who has brought such charge, including providing documents claim or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agencyproceeding. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant Pursuant to the Defend Trade Secrets Act of 2016, I you and the Company acknowledge and agree that I am hereby notified that an individual you will not be held criminally have criminal or civilly liable civil liability 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 (official, either directly or indirectly) , or to an attorney and (B) solely for the purpose of reporting or investigating a suspected violation of law, law or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files and without limiting the preceding sentence, if you file a lawsuit for retaliation by an employer the Company for reporting a suspected violation of law law, you may disclose the trade secret to the individual’s your attorney and may use the trade secret information in the court proceeding, if the individual files you (x) file any document containing the trade secret under seal and does (y) do not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Sources: Employment Agreement (Clarivate PLC)

Protected Rights. I understand that (a) nothing contained in this Waiver or elsewhere in any other contract to which I am a party with Verso the Agreement is intended to limit, or shall be construed as limiting, my ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (each a “Government Agency”); (b) this Waiver (and any other contract to which I am a party with Verso) Agreement does not limit my ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Versothe Company; and (c) this Waiver (and any other contract to which I am a party with Verso) Agreement does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries Company Confidential Information (as such confidential information is determined pursuant to the Restrictive Covenant Agreementdefined below) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) Company attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual 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 in confidence to a federal, state, or local government official (directly or indirectly) or to an attorney 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 (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Sources: Severance Agreement (Verso Corp)

Protected Rights. I understand that (a) nothing Nothing contained in this Waiver Agreement, the Severance Plan or in any other contract to which I am a party agreement with Verso is intended to limit, or shall be construed as limiting, my the Company limits your ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Justice (“DOJ”), the Occupational Safety and Health Administration, the Securities and Exchange Commission (“SEC”) or any other federal, state or local governmental agency or commission (each a “Government AgencyAgencies”); (b) . You further understand that this Waiver (and any other contract to which I am a party with Verso) Agreement does not limit my your ability to communicate with and provide information, including documents, not otherwise protected from disclosure by any applicable law or privilege to any Government Agency Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government AgencyAgency regarding possible legal violations, without disclosure to the Company. The Company may not retaliate against you for any of these activities. Nothing in this Agreement or otherwise requires you to disclose any communications you may have had or information you may have provided to the SEC, DOJ or any other Government Agencies regarding possible legal violations. Although by signing this Agreement you are waiving your right to recover any individual relief (including providing documents any money damages, reinstatement or other informationlegal or equitable relief) in any charge, without notice to Verso; and (c) complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, nothing in this Waiver (and Agreement or any other contract to which I am a party agreement with Verso) does not limit my the Company limits your right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand You are also provided notice that under the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the 2016 Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an (DTSA): (1) 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 that (ias defined in the Economic Espionage Act) that: (A) is made in confidence to a federalFederal, stateState, or local government official (official, either directly or indirectly) , or to an attorney attorney; and made solely for the purpose of reporting or investigating a suspected violation of lawlaw; or, or (iiB) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In additionseal so that it is not made public; and, (2) an individual who files pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the individual’s attorney of the individual and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal seal, and does not disclose the trade secret, except pursuant to as permitted by court order.

Appears in 1 contract

Sources: Separation and Release Agreement (Spirit Aviation Holdings, Inc.)

Protected Rights. I understand that (a) nothing Nothing contained in this Waiver Agreement, the Employment Agreement or in any other contract agreement with the Company (including but not limited to which I am a party with Verso is intended to limitthe non-solicitation and non-competition clauses, or shall be construed as limiting, my and the non-disparagement and confidentiality obligations) limits your ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Justice (“DOJ”), the Occupational Safety and Health Administration, the Securities and Exchange Commission (“SEC”) or any other federal, state or local governmental agency or commission (each a “Government AgencyAgencies”); (b) . You further understand that this Waiver (and any other contract to which I am a party with Verso) Agreement does not limit my your ability to communicate with and provide information, including documents, not otherwise protected from disclosure by any applicable law or privilege to any Government Agency Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government AgencyAgency regarding possible legal violations, without disclosure to the Company. The Company may not retaliate against you for any of these activities. Nothing in this Agreement or otherwise requires you to disclose any communications you may have had or information you may have provided to the SEC, DOJ or any other Government Agencies regarding possible legal violations. Although by signing this Agreement you are waiving your right to recover any individual relief (including providing documents any money damages, reinstatement or other informationlegal or equitable relief) in any charge, without notice to Verso; and (c) complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, nothing in this Waiver (and Agreement or any other contract to which I am a party agreement with Verso) does not limit my the Company limits your right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand You are also provided notice that under the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the 2016 Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an (DTSA): (1) 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 that (ias defined in the Economic Espionage Act) that: (A) is made in confidence to a federalFederal, stateState, or local government official (official, either directly or indirectly) , or to an attorney attorney; and made solely for the purpose of reporting or investigating a suspected violation of lawlaw; or, or (iiB) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In additionseal so that it is not made public; and, (2) an individual who files pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the individual’s attorney of the individual and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal seal, and does not disclose the trade secret, except pursuant to as permitted by court order.

Appears in 1 contract

Sources: Employment Agreement (Spirit Aviation Holdings, Inc.)

Protected Rights. I understand that (a) nothing contained Notwithstanding anything to the contrary in this Waiver or Agreement, Executive understands that nothing in any other contract to which I am a party with Verso this Agreement is intended to limitprohibit Executive and Executive is not prohibited from reporting possible violations of law to, filing charges with, making disclosures protected under the whistleblower provisions of U.S. federal law or regulation, or shall be construed as limitingparticipating in investigations of U.S. federal law or regulation by the U.S. Securities and Exchange Commission, my ability to file a charge or complaint with the United States National Labor Relations Board, Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission U.S. Department of Justice, the U.S. Congress, any U.S. agency Inspector General or any other self-regulatory agencies or federal, state or local governmental agency or commission agencies (collectively, “Government Agencies,” and each a “Government Agency”); . Accordingly, Executive does not need the prior authorization of the Company to make any such reports or disclosures or otherwise communicate with Government Agencies and is not required to notify the Company that Executive has engaged in any such communications or made any such reports or disclosures. Executive agrees, however, to waive any right to receive any monetary award resulting from such a report, charge, disclosure, investigation or proceeding, except that Executive may receive and fully retain any award from a whistleblower award program administered by a Government Agency. (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge Executive is advised that I am hereby notified that an 18 U.S.C. § 1833(b) states: “An individual will 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 (ithat-(A) is made made-(i) in confidence to a federalFederal, stateState, or local government official (official, either directly or indirectly) , or to an attorney attorney; and (ii) 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 (and only if) such filing is made under seal. In addition.” Accordingly, Executive has the right to disclose in confidence trade secrets to Federal, State, and local government officials, or to an individual who files a lawsuit attorney, for retaliation by an employer for the sole purpose of reporting or investigating a suspected violation of law may law. Executive also has the right to disclose the trade secret to the individual’s attorney and use the trade secret information secrets in the court a document filed in a lawsuit or other proceeding, but only if the individual files any document containing the trade secret filing is made under seal and does not disclose the protected from public disclosure. Nothing in this Agreement is intended to conflict with 18 U.S.C. § 1833(b) or create liability for disclosures of trade secret, except pursuant to court ordersecrets that are expressly allowed by 18 U.S.C. § 1833(b).

Appears in 1 contract

Sources: Transition Services Agreement (Ekso Bionics Holdings, Inc.)

Protected Rights. I understand that (a) nothing contained in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or shall be construed as limiting, my ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (each a “Government Agency”); (b) this Waiver (and any other contract to which I am a party with Verso) Release Agreement does not limit my ability to communicate with release any Government Agency or otherwise participate in any investigation or proceeding claims that may cannot be conducted by any Government Agencyreleased as a matter of law, including providing documents or other information, without notice any right I may have to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agenciesunemployment compensation benefits. I further understand that the protected rights described no provision in this Section 9 do not include Release Agreement, including Sections 4, 9, and 11, is intended to or shall limit, prevent, impede or interfere with my non- waivable right, without prior notice to the disclosure of Company, to provide information to the government, participate in investigations, testify in proceedings regarding the Company’s past or future conduct, or engage in any Verso (activities protected under whistleblower statutes, or other Releasee) attorney-client privileged communications to receive and fully retain a monetary award from a government- administered whistleblower award program for providing information directly to a government agency or attorney work productas otherwise permitted by law. In addition, I also understand that pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual will shall not be held criminally criminally, or civilly civilly, liable under any federal or state trade secret law for the disclosure of a trade secret that (i) is made in confidence either directly or indirectly to a federal, state, or local government official (directly official, or indirectly) or to an attorney solely attorney, for the sole purpose of reporting reporting, or investigating investigating, a suspected violation of law. Moreover, I understand employees may disclose trade secrets in a complaint, or (ii) is made in a complaint or other document document, filed in a lawsuit lawsuit, or other proceeding, if (and only if) such filing is made under seal. In additionFinally, I understand an individual employee who files a lawsuit for alleging retaliation by an employer a company for reporting a suspected violation of the law may disclose the trade secret to the individual’s attorney of the employee and use the trade secret information in the court proceeding, if the individual employee files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court order. Further, I understand that claims challenging the validity of this Release Agreement under the ADEA as amended by the OWBPA are not released.

Appears in 1 contract

Sources: Termination Benefits Agreement (Standard Biotools Inc.)

Protected Rights. I understand that (a) nothing contained Nothing in the Agreement or this Waiver Release shall prevent you from filing, cooperating with, or participating in any other contract to which I am a party with Verso is intended to limit, proceeding or shall be construed as limiting, my ability to file a charge or complaint with investigation before the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission Commission, or any other federalfederal government agency, or similar state or local governmental agency or commission (each a “Government AgencyAgencies”); (b) . You further understand that the Agreement and this Waiver (and any other contract to which I am a party with Verso) does Release do not limit my your ability to voluntarily communicate with any Government Agency Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; the Company. While the Agreement and (c) this Waiver (and any other contract to which I am a party with Verso) does Release do not limit my your right to seek or receive an incentive a monetary award for information provided to any the Government Agency. For clarityAgencies, you understand and as required agree that you are otherwise waiving, to the fullest extent permitted by law, this Waiver (any and all rights you may have to individual relief based on any Claims that you have released and any other contract rights you have waived by signing the Agreement and this Release. If any Claim is not subject to release, to the extent permitted by law, you waive any right or ability to 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 I am any of the Releasors is a party with Verso) party. The Agreement and this Release do not abrogate your existing rights under any Company benefit plan, but the Release does not prevent me from accepting a whistleblower award from waive, release and forever discharge Claims existing as of the Securities and Exchange Commission date you execute this Agreement pursuant to Section 21F of any such plan or agreement. Nothing in the Securities Exchange Act of 1934Agreement, as amended. Notwithstanding this Release, or the foregoingapplicable provisions in your Employment Agreement, I agree to take all reasonable precautions to prevent any unauthorized use restricts or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that impedes you from: (i) is made exercising protected rights, including rights under the National Labor Relations Act (“NLRA”) or the federal securities or whistleblower laws, including the ▇▇▇▇-▇▇▇▇▇ Act, to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or authorized Government Agencies, provided that such compliance does not exceed that required by the law, regulation, or order; (ii) disclosing the underlying facts and circumstances of any claim of sexual assault or sexual harassment; (iii) initiating, testifying, assisting, complying with a subpoena from, providing documents or information that would otherwise be proprietary and confidential information to, or participating in confidence to a federalany manner with an investigation conducted by the appropriate local, state, or local government official federal agency; or (directly iv) filing or indirectly) or disclosing any facts necessary to an attorney solely for the purpose of reporting or investigating a suspected violation of lawreceive unemployment insurance, Medicaid, or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under seal. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret public benefits to the individual’s attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court orderwhich you are entitled.

Appears in 1 contract

Sources: Employee Transition and Separation Agreement (Southwest Gas Holdings, Inc.)

Protected Rights. I understand By signing this Agreement, both the Company and the Executive agree that (ai) nothing contained this Agreement does not limit the Executive’s right to discuss the Executive’s engagement of service or unlawful acts in this Waiver or in any other contract Company’s workplace, including but not limited to which I am a party with Verso is intended to limitsexual harassment, or shall be construed as limitingreport possible violations of law or regulation with any federal, my ability state or local government agency, or to file a charge or complaint discuss the terms and conditions of the Executive’s engagement of service with others to the United States Equal Employment Opportunity Commission, extent expressly permitted by Section 7 of the National Labor Relations BoardAct; (ii) nothing in this Agreement or otherwise limits the Executive’s ability to communicate directly with and provide information, including documents, not otherwise protected from disclosure by any applicable law or privilege to the SEC, the Occupational Safety and Health Administration, the Securities and Exchange Commission Department of Justice (“DOJ”) or any other federal, state or local governmental agency or commission or self-regulatory agency (each a Governmental Agencies”) regarding possible legal violations, without disclosure to Company; (iii) Company may not retaliate against the Executive for any of these activities, and nothing in this Agreement or otherwise requires the Executive to waive any monetary award or other payment that the Executive might become entitled to from the SEC or any other Government Agency”); (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (civ) nothing in this Waiver (and Agreement or otherwise requires the Executive to disclose any communications the Executive may have had or information the Executive may have provided to the SEC or any other contract Government Agencies regarding possible legal violations. Notwithstanding anything to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, the contrary in this Waiver (and any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934Agreement or otherwise, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described provided for in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Defend Trade Secrets Act of 20162016 (18 U.S.C. § 1833(b)), I acknowledge the Company acknowledges that I am hereby notified that an individual the 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 (ia) is made (i) in confidence to a federal, state, or local government official (official, either directly or indirectly) , or to an attorney attorney, and (ii) 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 (and only if) such filing is made under seal. In additionThe Company further acknowledges that, an individual who without limiting the foregoing, if the Executive files a lawsuit for retaliation by an employer Company for reporting a suspected violation of law law, the Executive may disclose the trade secret to the individualExecutive’s attorney and use the trade secret information in the court proceeding, if the individual Executive (x) files any document containing the trade secret under seal seal, and (y) does not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Sources: Employment Agreement (Kyndryl Holdings, Inc.)

Protected Rights. I a. You understand that (a) nothing contained in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or shall be construed as limiting, my Release limits your ability to file a charge or complaint with with, to provide documents or information voluntarily or in response to a lawfully-served subpoena or other information request to, or to participate in an investigation or proceeding conducted by, the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission Commission, or any other federal, state state, or local governmental government agency or commission (each each, a “Government Agency”); (b) . You further understand this Waiver (and any other contract to which I am a party with Verso) Release does not limit my your ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) the Company. This Release does not limit my your right to receive an incentive award for information provided to any Government Agency. For clarity. b. You understand that nothing in this Release: (i) applies to claims for unemployment or workers’ compensation benefits; (ii) applies to claims arising after the date you sign this Release; (iii) applies to claims for reimbursement of expenses under the Company’s expense reimbursement policies; (iv) applies to claims for any vested rights under the Company’s ERISA-covered employee benefit plans as applicable on the date you sign this Release; (v) applies to claims that controlling law clearly states may not be released by private agreement; (vi) limits or affects your right, and as required if any, to challenge the validity of this Release under the ADEA or the OWBPA; (vii) applies to a non-disclosure or non-disparagement clause agreed to before a dispute arises involving a nonconsensual sexual act or sexual contact, including when the victim lacks capacity to consent, or relating to conduct that is alleged to constitute sexual harassment; (viii) shall be deemed to be a waiver or release by you of any rights of yours to indemnification, contribution or defense from or through the Company or its insurers, under the Company’s (or its affiliates’) charter or Bylaws, or under applicable law, this Waiver (and with respect to prior actions or inactions relating in any other contract way to which I am Employee’s duties as a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F director, employee or officer of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries Company (as such confidential information is determined including pursuant to the Restrictive Covenant Indemnification Agreement) or claims under any directors’ and officers’ liability insurance policy (or similar policy); (ix) shall be deemed a waiver or release by you of your right to enforce the terms of the Transition Agreement or the Release; or (x) precludes you from exercising your rights, if any, under Section 7 of the National Labor Relations Act (“NLRA”) or under similar state law to engage in protected, concerted activity with other employees, including discussing your compensation or terms and conditions of employment. However, by signing this Release, you are waiving your right to recover any parties individual relief, including any backpay, frontpay, reinstatement or other than legal or equitable relief, in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to receive a payment or award from a Government Agency (and not the Company) for information provided to said Government Agencies. I further Agency and except as provided under applicable law. c. Notwithstanding your confidentiality obligations to the Company under the Confidentiality Agreement, this Release, and otherwise, you understand that as provided by the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the Federal Defend Trade Secrets Act of 2016Act, I acknowledge that I am hereby notified that an individual 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 made: (i) is made in confidence to a federal, state, or local government official (official, either directly or indirectly) , or to an attorney attorney, and 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 (and only if) such filing is made under seal. d. Notwithstanding the above, you understand that upon the Release Effective Date (defined below), this Release will be final and binding. In additionYou promise not to pursue any claim released by DOCPROPERTY"SWDocID" GDSVF&H\9163401.12 this Release. Notwithstanding the foregoing, an individual who files although you are releasing claims you may have under the ADEA and the OWBPA, you may challenge the knowing and voluntary nature of this release before a lawsuit for retaliation by an employer for reporting a suspected violation court, the Equal Employment Opportunity Commission or any other Government Agency charged with the enforcement of law may disclose the trade secret to the individual’s attorney and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal and does not disclose the trade secret, except pursuant to court orderemployment laws.

Appears in 1 contract

Sources: Transition Agreement (Flywire Corp)

Protected Rights. I understand that (a) nothing contained Notwithstanding anything in this Waiver Agreement that could be construed to the contrary, nothing in this Agreement shall limit the ability of the Employee (or in his attorney) to initiate communications directly with, respond to any other contract to which I am a party with Verso is intended to limitinquiry from, volunteer information to, or shall be construed as limiting, my ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, provide testimony before the Securities and Exchange Commission Commission, the Department of Justice, any regulatory or self-regulatory organization, or any other federalgovernmental, state law enforcement, or local governmental agency regulatory authority, regarding this Agreement and its underlying facts and circumstances, or commission (any reporting of, investigation into, or proceeding regarding suspected violations of law, and that, in each a “Government Agency”); (b) this Waiver (and case, the Employee is not required to advise or seek permission from the Company before or after engaging in any other contract to which I am a party with Verso) does not limit my ability to communicate such activity. The Employee further acknowledges that, in connection with any Government Agency or otherwise participate in such activity described above, he must inform such authority of the confidential nature of any investigation or proceeding confidential information that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarityhe provides, and as required by law, this Waiver (and any other contract he is not permitted to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of disclose any information that may constitute is protected by the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications privilege or attorney work productany other privilege belonging to the Company, as the Company does not waive and intends to preserve such privileges. In additionThe Employee is hereby notified that, pursuant to federal law (the Defend Trade Secrets Act of 2016Act), I acknowledge that I am hereby notified that an individual will shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is (i) is made in confidence to a federal, state, or local government official (official, either directly or indirectly) , or to an attorney 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, proceeding if (and only if) such filing is made under seal. Further, nothing in this Agreement prohibits the Employee from testifying truthfully in an administrative, legislative or judicial proceeding when compelled by law or from providing documents pursuant to a court order, subpoena, or other compulsory legal process, provided that the Employee (unless prohibited by law) first provides the Company with prior notice of such legal compulsion to afford the Company an opportunity to seek a protective order preventing or limiting such disclosure. In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose nothing in this Agreement prevents the trade secret to the individual’s attorney and use the trade secret Employee from discussing or disclosing information about unlawful acts in the court proceedingworkplace, if the individual files such as harassment or discrimination or any document containing the trade secret under seal and does not disclose the trade secret, except pursuant other conduct that he has reason to court orderbelieve is unlawful.

Appears in 1 contract

Sources: Employment Agreement (CEA Industries Inc.)

Protected Rights. I Notwithstanding any provision to the contrary in this Agreement or your Confidentiality Agreement, you are hereby provided notice, and you acknowledge and understand that nothing in this Agreement or the Confidentiality Agreement limits your ability to (a) nothing contained in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or shall be construed as limiting, my ability to file a charge or complaint with the United States Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission Commission, a state or federal attorney general or any other federal, state or local governmental government agency or commission (each a “Government AgencyAgencies”); (b) this Waiver (and any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Versothe Company; and (c) this Waiver provide truthful information as may be required by law or by any court, arbitrator or administrative of legislative body (and including any committee thereof) with actual or apparent jurisdiction to order you to disclose or make accessible such information; (d) exercise your rights (if any) under Section 7 of the National Labor Relations Act; or (e) discuss or disclose information about unlawful acts in the workplace, such as harassment or discrimination or any other contract conduct that you have reason to which I am believe is unlawful. However, by signing this Agreement you waive your right to recover individual relief based on any claims asserted in any charge or complaint filed with or submitted to a party Government Agency with Verso) the exception that this Agreement does not limit my your right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, this Waiver (and any Agencies authorized to provide monetary or other contract awards to which I am a party eligible individuals who come forward with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute leads to an agency enforcement action. You are hereby provided notice that under the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In addition, pursuant to the 2016 Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an (“DTSA”): (a) 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 that (as defined in the Economic Espionage Act) that: (i) is made in confidence to a federal, state, or local government official (official, either directly or indirectly) , or to an attorney attorney; and made 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 (and only if) such filing is made under seal. In addition, seal so that it is not made public; and (b) an individual who files pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the individual’s attorney of the individual and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal seal, and does not disclose the trade secret, except pursuant to as permitted by court order.

Appears in 1 contract

Sources: Separation and General Release Agreement (Nkarta, Inc.)

Protected Rights. I understand Notwithstanding the foregoing or any other provision of this Transition Agreement, Executive acknowledges that (a) nothing contained in this Waiver or in any other contract to which I am a party with Verso is intended to limit, or shall be construed as limiting, my Transition Agreement limits Executive’s ability to file a charge or complaint with the United States Equal Employment Opportunity Commissiona federal, the National Labor Relations Boardstate or local governmental agency or commission. Executive further acknowledges that nothing in this Transition Agreement or otherwise limits Executive’s ability to communicate directly with and provide information, the Occupational Safety and Health Administrationincluding documents, not otherwise protected from disclosure by any applicable law or privilege to the Securities and Exchange Commission (the “SEC”) or any other federal, state or local governmental agency or commission (each a “Government Agency”); (b) without disclosure to HFC. HFC may not retaliate against Executive for any of these activities, and nothing in this Waiver (and Transition Agreement or otherwise requires Executive to waive any monetary award or other payment that Executive might become entitled to from the SEC or any other contract to which I am a party with Verso) does not limit my ability to communicate with any Government Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to Verso; and (c) this Waiver (and any other contract to which I am a party with Verso) does not limit my right to receive an incentive award for information provided to any Government Agency. For clarity, and as required by law, Nothing in this Waiver (and Transition Agreement or otherwise requires Executive to disclose any communications Executive may have had or information Executive may have provided to the SEC or any other contract to which I am a party with Verso) does not prevent me from accepting a whistleblower award from the Securities and Exchange Commission pursuant to Section 21F of the Securities Exchange Act of 1934Government Agencies regarding possible legal violations. Furthermore, as amended. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute the confidential information of Verso or any of its subsidiaries (as such confidential information is determined pursuant to the Restrictive Covenant Agreement) to any parties other than the Government Agencies. I further understand that the protected rights described notwithstanding Executive’s confidentiality obligations set forth in this Section 9 do not include the disclosure of any Verso (or other Releasee) attorney-client privileged communications or attorney work product. In additionTransition Agreement, Executive understands that, pursuant to the Defend Trade Secrets Act of 2016, I acknowledge that I am hereby notified that an individual Executive will not be held criminally or civilly liable under any U.S. federal or state trade secret law for the disclosure of a trade secret that that: (i) is made (A) in confidence to a federal, state, local or local non-U.S. government official (official, either directly or indirectly) , or to an attorney 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 (and only if) such filing is made under seal. In addition, an individual who Executive also understands that if Executive files a lawsuit for retaliation by an employer HFC for reporting a suspected violation of law law, Executive may disclose the trade secret to the individualExecutive’s attorney and use the trade secret information in the court proceeding, if the individual Executive (x) files any document containing the trade secret under seal seal; and (y) does not disclose the trade secret, except pursuant to court order. Executive understands that if a disclosure of trade secrets was not done in good faith pursuant to the above, then Executive may be subject to liability, including, without limitation, punitive damages and attorneys’ fees.

Appears in 1 contract

Sources: Retirement and Transition Agreement (Hormel Foods Corp /De/)