Common use of Pursuant to the Defend Clause in Contracts

Pursuant to the Defend. Trade Secrets Act of 2016, Executive and the Company acknowledge and agree that Executive shall not have criminal or civil liability under any federal or state trade secret law for the disclosure of a trade secret that (A) is made (x) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney and (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. In addition, and without limiting the preceding sentence, if Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Executive may disclose the trade secret to Executive’s attorney and may use the trade secret information in the court proceeding, if Executive (X) files any document containing the trade secret under seal and (Y) does not disclose the trade secret, except pursuant to court order.

Pursuant to the Defend. Trade Secrets Act of 2016, Executive and the Company acknowledge and agree Employee acknowledges that Executive shall the Employee will not have criminal or civil liability under any federal or state trade secret law for the disclosure of a trade secret that (Ai) is made (xa) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney and (iib) solely for the purpose of reporting or investigating a suspected violation of law, ; or (Bii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. In addition, and without limiting if the preceding sentence, if Executive Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Executive the Employee may disclose the trade secret to Executivethe Employee’s attorney and may use the trade secret information in the court proceeding, if Executive the Employee (Xx) files any document containing the trade secret under seal and (Yy) does not disclose the trade secret, except pursuant to court order.