Common use of Protected Rights Clause in Contracts

Protected Rights. 5.1 Notwithstanding any other provision of this Agreement, nothing contained in this Agreement limits Participant’s ability to file a charge or complaint with the 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 (collectively, “Government Agencies”), or prevents Participant from providing truthful information in response to a lawfully issued subpoena or court order. Further, this Agreement does not limit Participant’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. 5.2 Participant is hereby notified that under the Defend Trade Secrets Act: (i) no individual will be held criminally or civilly liable under federal or state trade secret law for disclosure of a trade secret (as defined in the Economic Espionage Act) that is: (A) made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and made solely for the purpose of reporting or investigating a suspected violation of law; or (B) made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the 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, and does not disclose the trade secret, except as permitted by court order.

Protected Rights. 5.1 Notwithstanding any other provision of this Agreement, nothing contained in this Agreement limits ParticipantExecutive’s ability to file a charge or complaint with the 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 (collectively, “Government Agencies”), or prevents Participant Executive from providing truthful information in response to a lawfully issued subpoena or court order. Further, this Agreement does not limit ParticipantExecutive’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. 5.2 Participant Executive is hereby notified that under the Defend Trade Secrets Act: (i) no individual will be held criminally or civilly liable under federal or state trade secret law for disclosure of a trade secret (as defined in the Economic Espionage Act) that is: (A) made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and made solely for the purpose of reporting or investigating a suspected violation of law; or or, (B) made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the 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, and does not disclose the trade secret, except as permitted by court order.

Protected Rights. 5.1 Notwithstanding any other provision of this Agreement, Participant understands that nothing contained in this Agreement limits Participant’s ability to file a charge or complaint with the 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 (collectively, “"Government Agencies”"), or prevents . Participant from providing truthful information further understands that nothing in response to a lawfully issued subpoena or court order. Further, this Agreement does not limit limits (a) Participant’s ability to communicate with any Government Agencies 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 the Company. 5.2 Participant is hereby notified that under the Defend Trade Secrets Act, or (b) Participant’s right to receive an award for information provided to any Government Agency. In addition, 18 U.S.C. § 1833(b) provides: (i) no "An individual will shall not be held criminally or civilly liable under federal any Federal or state State trade secret law for the disclosure of a trade secret (as defined in the Economic Espionage Act) that is: (A) is made (i) in confidence to a federalFederal, stateState, or local government official, either directly or indirectly, or to an attorney, ; and made (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so seal.” Nothing in this Agreement is intended to conflict with 18 U.S.C. § 1833(b) or create liability for disclosures of trade secrets that it is not made public; and (ii) are expressly allowed by 18 U.S.C. § 1833(b). Accordingly, the parties to this have the right to disclose in confidence trade secrets to Government Agencies, or to an individual who pursues a lawsuit attorney, for retaliation by an employer for the sole purpose of reporting or investigating a suspected violation of law. The parties also have the law may right to disclose the trade secret to the attorney of the individual 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, seal and does not disclose the trade secret, except as permitted by court orderprotected from public disclosure.

Protected Rights. 5.1 Notwithstanding any other provision of this Agreementthe foregoing, nothing contained in this Separation Agreement limits Participant’s ability to file prohibits Executive from filing a charge with, or complaint with reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health AdministrationDepartment of Justice, the Securities and Exchange Commission or Commission, Congress, and any other federal, state or local governmental agency or commission (collectively, “Government Agencies”)Inspector General, or prevents Participant from providing truthful information in response to a lawfully issued subpoena making other disclosures that are protected under the whistleblower provisions of federal law or court orderregulation. Further, this This Separation Agreement does not limit ParticipantExecutive’s ability to communicate with any Government Agencies government agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agencygovernment agency, including providing documents or other information, without notice to the Company. 5.2 Participant . In addition, this Separation Agreement does not limit Executive’s right to receive an award for information provided to any government agencies. Further, Executive is hereby notified advised that under the Defend Trade Secrets Act: (i) no 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 (as defined in the Economic Espionage Acta) that is: is made (Ai) made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, ; and made (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (Bb) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an seal. An individual who pursues files a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (A) files any document containing the trade secret under seal, ; and (B) does not disclose the trade secret, except as permitted by pursuant to court order.

Protected Rights. 5.1 a. Notwithstanding any other provision of this Agreement, nothing contained in this Agreement limits ParticipantExecutive’s ability to file a charge or complaint with the 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 (collectively, “Government Agencies”), or prevents Participant Executive from providing truthful information in response to a lawfully issued subpoena or court order. Further, this Agreement does not limit ParticipantExecutive’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. 5.2 Participant b. Executive is hereby notified that under the Defend Trade Secrets Act: (i) no individual will be held criminally or civilly liable under federal or state trade secret law for disclosure of a trade secret (as defined in the Economic Espionage Act) that is: (A) made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and made solely for the purpose of reporting or investigating a suspected violation of law; or or, (B) made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the 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, and does not disclose the trade secret, except as permitted by court order.

Protected Rights. 5.1 Notwithstanding any other provision of this Agreement, Participant understands that nothing contained in this Agreement limits Participant’s ability to file a charge or complaint with the 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 (collectively, “"Government Agencies”"), or prevents . Participant from providing truthful information further understands that nothing in response to a lawfully issued subpoena or court order. Further, this Agreement does not limit limits (a) Participant’s ability to communicate with any Government Agencies 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 the Company. 5.2 Participant is hereby notified that under the Defend Trade Secrets Act, or (b) Participant’s right to receive an award for information provided to any Government Agency. In addition, 18 U.S.C. § 1833(b) provides: (i) no "An individual will shall not be held criminally or civilly liable under federal any Federal or state State trade secret law for the disclosure of a trade secret (as defined in the Economic Espionage Act) that is: (A) is made (i) in confidence to a federalFederal, stateState, or local government official, either directly or indirectly, or to an attorney, ; and made (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so seal.” Nothing in this Agreement is intended to conflict with 18 U.S.C. § 1833(b) or create liability for disclosures of trade secrets that it is not made public; and (ii) are expressly allowed by 18 U.S.C. § 1833(b). Accordingly, the parties to this have the right to disclose in confidence trade secrets to Government Agencies, or to an individual who pursues attorney, for the sole purpose of reporting or investigating a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the 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, and does not disclose the trade secret, except as permitted by court order.suspected

Protected Rights. 5.1 Notwithstanding any other provision of this Agreement, nothing contained in this Agreement limits Participant’s ability to file a charge or complaint with the 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 (collectively, “Government Agencies”), or prevents Participant from providing truthful information in response to a lawfully issued subpoena or court order. Further, this Agreement does not limit Participant’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. 5.2 Participant is hereby notified that under the Defend Trade Secrets Act: (i) no individual will be held criminally or civilly liable under federal or state trade secret law for disclosure of a trade secret (as defined in the Economic Espionage Act) that is: (A) made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and made solely for the purpose of reporting or investigating a suspected violation of law; or (B) made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the 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, and does not disclose the trade secret, except as permitted by court order.the

Protected Rights. 5.1 Notwithstanding (a) The Parties acknowledge and agree that, notwithstanding any other provision of this Agreementthe terms set forth herein, nothing contained in this Agreement limits Participantdoes not limit Executive’s ability to file a charge or complaint with the 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 (collectively, “Government Agencies”), or prevents Participant from providing truthful information in response to a lawfully issued subpoena or court order. Further, The Parties further understand that this Agreement does not limit ParticipantExecutive’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the CompanyEmployer. This Agreement does not limit Executive’s right to receive an award for information provided to any Government Agencies. 5.2 Participant is hereby notified (b) The Parties further acknowledge and agree that under notwithstanding any of the terms set forth herein, the U.S. Defend Trade Secrets Act: Act of 2016 (ithe “DTSA”) no provides 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 made (as defined in the Economic Espionage Acti) that is: (A) made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and made solely for the purpose of reporting or investigating a suspected violation of law; , or (Bii) made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so seal. In addition, the DTSA provides that it is not made public; and (ii) an individual who pursues files a lawsuit for retaliation by an employer employer, or counterparty in the case of an independent contractor, for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (A) files any document containing the trade secret under seal, ; and (B) does not disclose the trade secret, except as permitted by pursuant to court order.

Protected Rights. 5.1 a) Notwithstanding any other provision of in this Agreement, including Xxxxxxxxxx 00), 00), 00), and 14), nothing contained in this Agreement (a) limits ParticipantEmployee’s ability to file a charge or complaint with the 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 (collectively, “Government Agencies”), or prevents Participant from providing truthful information in response to a lawfully issued subpoena or court order. Further, this Agreement does not limit Participant; (b) limits Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other informationinformation and reporting possible violations of law or regulation or other disclosures protected under the whistleblower provisions of applicable law or regulation, without notice to the Company.ZixCorp; or (c) limits Employee’s right to receive an award for information provided to any Government Agencies. Revised March 2018 (40) 14 5.2 Participant is hereby notified that b) Employee acknowledges that, under the Defend Trade Secrets Act: (i) no , 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 (as defined in the Economic Espionage Actx) that is: is made (Ai) made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, ; and made (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (By) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) seal. Further, an individual who pursues files a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (A) files any document containing the trade secret under seal, seal and (B) does not disclose the trade secret, except as permitted by pursuant to court order.

Protected Rights. 5.1 Notwithstanding any other provision of this Agreement, nothing contained in this Agreement limits Participant’s ability to file a charge or complaint with the 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 (collectively, “Government Agencies”), or prevents Participant from providing truthful information in response to a lawfully issued subpoena or court order. Further, this Agreement does not limit Participant’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. 5.2 Participant is hereby notified that under the Defend Trade Secrets Act: (i) no individual will be held criminally or civilly liable under federal or state trade secret law for disclosure of a trade secret (as defined in the Economic Espionage Act) that is: (A) made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and made solely for the purpose of reporting or investigating a suspected violation of law; or (B) made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the 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, and does not disclose the trade secret, except as permitted by court order.individual

Protected Rights. 5.1 Notwithstanding any other provision of this Agreement, nothing contained (a) Nothing in this Agreement or any other agreement between the Executive and the Company or its affiliates limits Participantthe Executive’s ability right, protected under law, to file a charge or complaint communicate with or otherwise participate in any investigation or proceeding conducted by the Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Occupational Safety and Health Administration, the 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 (collectively, “Government Agencies”)charged with enforcement of any law, or prevents Participant from providing truthful information in response complying with the lawful process of any governmental body to the extent the Executive has a lawfully issued subpoena or court order. Furtherprotected right to do so. (b) Additionally, notwithstanding any other provision of this Agreement does or any other agreement between the Executive and the Company or its affiliates, the Executive will not limit Participant’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. 5.2 Participant is hereby notified that under the Defend Trade Secrets Act: (i) no individual will be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret (as defined in the Economic Espionage Act) that isthat: (Ai) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, ; and made (2) solely for the purpose of reporting or investigating a suspected violation of law; or (Bii) is made in a complaint or other document filed under seal in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an individual who pursues . If the Executive files a lawsuit for retaliation by an employer the Company for reporting a suspected violation of law, the law Executive may disclose the Company’s trade secret secrets to the his attorney of the individual and use the trade secret information in the court proceeding, proceeding if the individual Executive: (x) files any document containing the trade secret secrets under seal, ; and (y) does not disclose the trade secretsecrets, except as permitted by pursuant to court order.

Protected Rights. 5.1 Notwithstanding any other provision of this Agreement, nothing contained Nothing in this Separation Agreement limits Participant’s ability to file prohibits Executive from filing a charge with, or complaint with reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health AdministrationDepartment of Justice, the Securities and Exchange Commission or Commission, Congress, and any other federal, state or local governmental agency or commission (collectively, “Government Agencies”)Inspector General, or prevents Participant from providing truthful information in response to a lawfully issued subpoena making other disclosures that are protected under the whistleblower provisions of federal law or court orderregulation. Further, this This Separation Agreement does not limit ParticipantExecutive’s ability to communicate with any Government Agencies government agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agencygovernment agency, including providing documents or other information, without notice to the Company. 5.2 Participant . In addition, this Separation Agreement does not limit Executive’s right to receive an award for information provided to any government agencies. Further, Executive is hereby notified advised that under the Defend Trade Secrets Act: (i) no 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 (as defined in the Economic Espionage Acta) that is: is made (Ai) made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, ; and made (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (Bb) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an seal. An individual who pursues files a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (A) files any document containing the trade secret under seal, ; and (B) does not disclose the trade secret, except as permitted by pursuant to court order.

Protected Rights. 5.1 Notwithstanding any other provision of this Agreement, nothing contained Nothing in this Agreement or the Employment Agreement limits ParticipantExecutive’s ability right, protected under law, to file a charge or complaint communicate with or otherwise participate in any investigation or proceeding conducted by the Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Occupational Safety and Health Administration, the 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 (collectively, “Government Agencies”)charged with enforcement of any law, or prevents Participant from providing truthful information in response complying with the lawful process of any governmental body to the extent Executive has a lawfully issued subpoena or court orderprotected right to do so. FurtherAdditionally, notwithstanding any other provision of this Agreement does or the Employment Agreement, Executive will not limit Participant’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. 5.2 Participant is hereby notified that under the Defend Trade Secrets Act: (i) no individual will be held criminally or civilly liable under any federal or state trade secret law for any disclosure of a trade secret (as defined in the Economic Espionage Act) that isthat: (Aa) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, ; and made (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (Bb) is made in a complaint or other document filed under seal in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an individual who pursues . If Executive files a lawsuit for retaliation by an employer the Company for reporting a suspected violation of the law law, Executive may disclose the Company's trade secret secrets to the his attorney of the individual and use the trade secret information in the court proceeding, proceeding if the individual Executive: (x) files any document containing the trade secret secrets under seal, ; and (y) does not disclose the trade secretsecrets, except as permitted by pursuant to court order.