Reports to Government Entities. Nothing in this Agreement, including the Non-Disparagement clause and the Release and Waiver that is Annex B hereto, or in the Employment Agreement or any other agreement between you and the Company, restricts or prohibits you from initiating communications directly with, responding to any inquiries from, providing testimony before, providing confidential information to, reporting possible violations of law or regulation to, or from filing a claim or assisting with an investigation directly with a self-regulatory authority or a government agency or entity, including the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), 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. However, you are waiving your right to receive any individual monetary relief resulting from such claims, regardless of whether you or another party has filed them, and in the event you obtain such monetary relief the Company will be entitled to an offset for the payments made pursuant to this Agreement, except where such limitations are prohibited as a matter of law (e.g. under the Xxxxxxxx-Xxxxx Act of 2002, 18 U.S.C.A. §§ 1514A). You do not need the prior authorization of the Company to engage in such communications with the 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.
Appears in 2 contracts
Samples: Termination Agreement (Tempur Sealy International, Inc.), Termination of Employment Agreement (Tempur Sealy International, Inc.)
Reports to Government Entities. Nothing in this Agreement, including the Release of Claims, Confidential Information, and Non-Disparagement clause and the Release and Waiver that is Annex B hereto, or in the Employment Agreement or any other agreement between you and the Companyclauses, restricts or prohibits you Employee from initiating communications directly with, responding to any inquiries from, providing testimony before, providing confidential information to, reporting possible violations of law or regulation to, or from filing a claim or assisting with an investigation directly with a self-regulatory authority or a government agency or entity, including the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“11 DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“11 DOJ”), the Securities and Exchange Commission (“SEC”), 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. Please take notice that federal law provides criminal and civil immunity to federal and state claims for trade secret misappropriation to individuals who disclose a trade secret to their attorney, a court, or a government official in certain, confidential circumstances that are set forth at 18 U.S.C. §§ 1833(b)(l) and 1833(b)(2), related to the reporting or investigation of a suspected violation of the law, or in connection with a lawsuit for retaliation for reporting a suspected violation of the law. However, you are Employee is waiving your Employee’s right to receive any individual monetary relief resulting from such claims, regardless of whether you Employee or another party has filed them, and in the event you obtain Employee obtains such monetary relief the Company will be entitled to an offset for the payments made pursuant to this Agreement, except where such limitations are prohibited as a matter of law (e.g. e.g., under the Xxxxxxxx-Xxxxx Act of 2002, 18 U.S.C.A. §§ 1514A). You do Employee does not need the prior authorization of the Company to engage in such communications with the Regulatorscommunications, respond to such inquiries from the Regulatorsinquiries, provide confidential information or documents to the Regulators, or make any such reports or disclosures to the Regulators. You are Employee is not required to notify the Company that you have Employee has engaged in such communications with the Regulators.
Appears in 2 contracts
Samples: Severance Agreement (Yellow Corp), Severance Agreement (Yellow Corp)
Reports to Government Entities. Nothing in this Agreement, including the Release of Claims, Confidential Information, and Non-Disparagement clause and the Release and Waiver that is Annex B hereto, or in the Employment Agreement or any other agreement between you and the Companyclauses, restricts or prohibits you Employee from initiating communications directly with, responding to any inquiries from, providing testimony before, providing confidential information to, reporting possible violations of law or regulation to, or from filing a claim or assisting with an investigation directly with a self-regulatory authority or a government agency or entity, including the U.S. Equal Employment Opportunity Commission (“"EEOC”"), the Department of Labor (“"DOL”"), the National Labor Relations Board (“"NLRB”"), the Department of Justice (“"DOJ”"), the Securities and Exchange Commission (“"SEC”"), 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. Please take notice that federal law provides criminal and civil immunity to federal and state claims for trade secret misappropriation to individuals who disclose a trade secret to their attorney, a court, or a government official in certain, confidential circumstances that are set forth at 18 U.S.C. §§ 1833(b)(1) and 1833(b)(2), related to the reporting or investigation of a suspected violation of the law, or in connection with a lawsuit for retaliation for reporting a suspected violation of the law. However, you are Employee is waiving your Employee's right to receive any individual monetary relief resulting from such claims, regardless of whether you Employee or another party has filed them, and in the event you obtain Employee obtains such monetary relief the Company will be entitled to an offset for the payments made pursuant to this Agreement, except where such limitations are prohibited as a matter of law (e.g. e.g., under the Xxxxxxxx-Xxxxx Act of 2002, 18 U.S.C.A. §§ 1514A). You do Employee does not need the prior authorization of the Company to engage in such communications with the Regulatorscommunications, respond to such inquiries from the Regulatorsinquiries, provide confidential information or documents to the Regulators, or make any such reports or disclosures to the Regulators. You are Employee is not required to notify the Company that you have Employee has engaged in such communications with the Regulators.
Appears in 1 contract
Samples: Severance Agreement (Yellow Corp)
Reports to Government Entities. a. Nothing in this Agreement, including the Non-Disparagement clause and the Release and Waiver that is Annex B hereto, or in the Employment Agreement or any other agreement between you and the Company, restricts or prohibits you from initiating communications directly with, responding to any inquiries from, providing testimony before, providing confidential information to, reporting possible violations of any law or regulation to, or from filing a claim or assisting with an investigation directly with a self-regulatory authority or a government agency or entity, including the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”)Labor, the National Labor Relations Board (“NLRB”)Board, the Department of Justice (“DOJ”)Justice, the Securities and Exchange Commission (“SEC”), the Congress, and any agency Inspector General of any agency (collectively, the “Regulators”), or from making other disclosures that are protected under the whistleblower provisions of state any federal, state, or federal local law or regulation. However, to the maximum extent permitted by law, you are waiving your right to receive any individual monetary relief from the Company or any other Releasee resulting from such claimsclaims or conduct, regardless of whether you or another party has filed them, and and, in the event you obtain such monetary relief relief, the Company will be entitled to an offset for the payments made pursuant to this Agreement, except where such limitations are prohibited as . This Agreement does not limit your right to receive an award from any Regulator that provides awards for providing information relating to a matter potential violation of law (e.g. under the Xxxxxxxx-Xxxxx Act of 2002, 18 U.S.C.A. §§ 1514A)law. You do not need the prior authorization of the Company to engage in such communications with the Regulatorsconduct protected by this Section 4, 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 and you do not required need to notify the Company that you have engaged did engage in such communications conduct.
b. Please take notice that federal law provides criminal and civil immunity to federal and state claims for trade secret misappropriation to individuals who disclose a trade secret to their attorney(s), a court, or a government official in certain, confidential circumstances that are set forth at 18 U.S.C. §§ 1833(b)(1) and 1833(b)(2), related to the reporting or investigation of a suspected violation of the law, or in connection with a lawsuit for retaliation for reporting a suspected violation of the Regulatorslaw.
Appears in 1 contract
Samples: General Release and Separation Agreement (American Eagle Outfitters Inc)
Reports to Government Entities. Nothing in this Agreement, including the Non-Disparagement clause and the Release and Waiver that is Annex B hereto, or in the Employment Agreement or any other agreement between you and with the Company, Executive restricts or prohibits you the Executive from initiating communications directly with, responding to any inquiries from, providing testimony before, providing confidential information to, reporting possible violations of law or regulation to, or from filing a claim or assisting with an investigation directly with a self-regulatory authority or a government agency or entity, including the U.S. Equal Employment Opportunity Commission (“EEOC”)Commission, the Department of Labor (“DOL”)Labor, the National Labor Relations Board (“NLRB”)Board, the Department of Justice (“DOJ”)Justice, the Securities and Exchange Commission (“SEC”)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 federal, state, or federal local law or regulation. However, you are the Executive is waiving your his right to receive any individual monetary relief from the Company or any other Company Releasees resulting from such claimsclaims released and waived in Section 4 above, regardless of whether you the Executive or another party has filed them, and in the event you obtain the Executive obtains such monetary relief the Company will be entitled to an offset for the payments made pursuant to this Agreement, except where such limitations are prohibited as a matter of law (e.g. under law. This Agreement does not limit the Xxxxxxxx-Xxxxx Act Executive’s right to receive an award from any Regulator that provides awards for providing information relating to a potential violation of 2002, 18 U.S.C.A. §§ 1514A)law. You do The Executive does not need the prior authorization of the Company to engage in such communications with conduct protected by this Section 5, and the 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 Executive does not required need to notify the Company that you have he has engaged in such communications conduct. Please take notice that federal law provides that: (a) an individual shall 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 (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an 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 such filing is made under seal; and (b) 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 attorney of the individual 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. Nothing in this Agreement or any other agreement with the RegulatorsExecutive prohibits or creates liability for any such protected conduct.
Appears in 1 contract
Samples: Transition Agreement (Fiserv Inc)