Common use of Protected Activities Clause in Contracts

Protected Activities. Notwithstanding the foregoing, other than events expressly contemplated by this Agreement, you do not waive or release rights or Claims that may arise from events that occur after the date this Release is executed. Also excluded from this Agreement are any Claims which cannot be waived by law, including, without limitation, any rights you may have under applicable workers’ compensation laws. Nothing in this Agreement shall prevent you from filing, cooperating with, or participating in any proceeding or investigation before the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal government agency, or similar state or local agency (“Government Agencies”), or exercising any rights pursuant to Section 7 of the National Labor Relations Act. You further understand this Agreement does not limit your ability to voluntarily communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. While this Agreement does not limit your right to receive an award for information provided to the Securities and Exchange Commission, you understand and agree that you are otherwise waiving, to the fullest extent permitted by law, any and all rights you may have to individual relief based on any Claims that you have released and any rights you have waived by signing this Agreement. If any Claim is not subject to release, to the extent permitted by law, you waive any right or 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 any of the Company Parties is a party. This Agreement does not abrogate your existing rights under any Company benefit plan or any plan or agreement related to equity ownership in the Company; however, it does waive, release and forever discharge Claims existing as of the date you execute this Agreement pursuant to any such plan or agreement.

Appears in 1 contract

Sources: Release Agreement (Everbridge, Inc.)

Protected Activities. Notwithstanding anything herein to the foregoingcontrary, other than events expressly contemplated by this Agreement, you do not waive or release rights or Claims that may arise from events that occur after the date this Release is executed. Also excluded from this Agreement are any Claims which cannot be waived by law, including, without limitation, any rights you may have under applicable workers’ compensation laws. Nothing nothing in this Agreement or the PIIA shall prevent you (a) prohibit Executive from filing, cooperating with, or participating in any proceeding or investigation before filing a charge with the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other comparable federal government agency, state agency or similar state or local agency securities regulatory body (the “Government Agencies”), ; (b) prohibit Executive from reporting possible violations of law to an appropriate Government Agency in a confidential manner without notice to the Company as authorized in any whistleblower protection provisions of any federal or exercising any rights pursuant to Section 7 of the National Labor Relations Act. You further understand this Agreement does not limit your ability to voluntarily communicate state law or regulation; (c) communicating directly with any Government Agencies governmental, law enforcement, regulatory or otherwise self-regulatory body; (d) limit Executive’s lawful opportunity to cooperate with or participate in any administrative proceeding or investigation or proceeding that may be conducted by any a Government Agency; (e) receive awards from a Government Agency as a result of reporting or cooperation; or (f) discussing or disclosing information about unlawful acts in the workplace, including providing documents such as harassment or discrimination or any other conduct that Executive has reason to believe is unlawful. With respect to any information disclosed pursuant to this protected activity exception that may constitute confidential or proprietary information, Executive agrees to take all reasonable precautions to prevent any unauthorized use or disclosure to any parties other than the relevant agency or authority. Except as prohibited by applicable law, rule, or regulation, the payments paid to pursuant to this Agreement will be the sole monetary relief available to Executive, and Executive will not be entitled to recover, and agrees to waive, any additional personal monetary relief that may be sought from or awarded against the Company in the future without notice regard to the Companywho filed or brought such claim. While However, this Agreement does not limit your waive Executive’s right to receive an award for original information provided to the Securities and Exchange Commissionfrom any Government Agency, you understand and agree that you are otherwise waiving, to the fullest extent permitted by law, any and all rights you may have to individual relief based on any Claims that you have released and any rights you have waived by signing this Agreement. If any Claim is including but 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 any of the Company Parties is a party. This Agreement does not abrogate your existing rights under any Company benefit plan or any plan or agreement related to equity ownership in the Company; however, it does waive, release and forever discharge Claims existing as of the date you execute this Agreement pursuant limited to any such plan award pursuant to Section 21F of the Securities Exchange Act of 1934. Further, Executive’s participation in an investigation or agreementother legal matter may include a disclosure of trade secret information provided that it must comply with the restrictions in the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA provides that no individual will be held criminally or civilly liable under 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, either directly or indirectly, or to an 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 if such filing is under seal so that it is not made public. Also, 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.

Appears in 1 contract

Sources: Separation Agreement (Ligand Pharmaceuticals Inc)

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

Appears in 1 contract

Sources: Separation Agreement (Applied Therapeutics, Inc.)

Protected Activities. Notwithstanding anything herein to the foregoingcontrary, other than events expressly contemplated by this Agreement, you do not waive or release rights or Claims that may arise from events that occur after the date this Release is executed. Also excluded from this Agreement are any Claims which cannot be waived by law, including, without limitation, any rights you may have under applicable workers’ compensation laws. Nothing nothing in this Agreement or the Confidentiality Agreement shall prevent you (a) prohibit Executive from filing, cooperating with, or participating in any proceeding or investigation before filing a charge with the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other comparable federal government agency, state agency or similar state or local agency securities regulatory body (the “Government Agencies”), ; (b) prohibit Executive from reporting possible violations of law to an appropriate Government Agency in a confidential manner without notice to the Company as authorized in any whistleblower protection provisions of any federal or exercising any rights pursuant state law or regulation; or (c) limit Executive’s lawful opportunity to Section 7 of the National Labor Relations Act. You further understand this Agreement does not limit your ability to voluntarily communicate cooperate with any Government Agencies or otherwise participate in any administrative proceeding or investigation or proceeding that may be conducted by any a Government Agency, including providing documents . With respect to any information disclosed pursuant to this protected activity exception that may constitute confidential or other proprietary information, without notice Executive agrees to take all reasonable precautions to prevent any unauthorized use or disclosure to any parties other than the relevant agency or authority. Except as prohibited by applicable law, rule, or regulation, the payments paid to pursuant to the CompanyChange of Control Agreement will be the sole monetary relief available to Executive, and Executive will not be entitled to recover, and agrees to waive, any additional personal monetary relief that may be sought from or awarded against the Company in the future without regard to who filed or brought such claim. While However, this Agreement does not limit your waive Executive’s right to receive an award for original information provided to the Securities and Exchange Commissionfrom any Government Agency, you understand and agree that you are otherwise waiving, to the fullest extent permitted by law, any and all rights you may have to individual relief based on any Claims that you have released and any rights you have waived by signing this Agreement. If any Claim is including but 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 any of the Company Parties is a party. This Agreement does not abrogate your existing rights under any Company benefit plan or any plan or agreement related to equity ownership in the Company; however, it does waive, release and forever discharge Claims existing as of the date you execute this Agreement pursuant limited to any such plan or agreementaward pursuant to Section 21F of the Securities Exchange Act of 1934.

Appears in 1 contract

Sources: Change of Control Severance Agreement (Quality Systems, Inc)

Protected Activities. Notwithstanding the foregoingPursuant to 18 U.S.C. § 1833(b), other than events expressly contemplated by this Agreement, you do not waive or release rights or Claims Employee understands that may arise from events that occur after the date this Release is executed. Also excluded from this Agreement are any Claims which canEmployee will not be waived held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret of the Company that (i) is made (a) in confidence to a federal, state, or local government official, either directly or indirectly, or to Employee’s attorney and (b) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. Employee understands that if Employee files a lawsuit for retaliation by the Company for reporting a suspected violation of law, includingEmployee may disclose the trade secret to Employee’s attorney and use the trade secret information in the court proceeding if Employee (A) files any document containing the trade secret under seal, without limitationand (B) does not disclose the trade secret, except pursuant to court order. Further, nothing in this agreement or any rights you other agreement Employee may have under applicable workers’ compensation laws. Nothing in this Agreement with the Company shall prevent you prohibit or restrict Employee from filing(i) voluntarily communicating with an attorney retained by Employee, cooperating with(ii) voluntarily communicating with any law enforcement, or participating in any proceeding or investigation before government agency, including the Securities and Exchange Commission (“SEC”), the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal government agency, or similar state or local agency (“Government Agencies”)commission on human rights, or exercising any rights pursuant to Section 7 self-regulatory organization regarding possible violations of the National Labor Relations Act. You further understand this Agreement does not limit your ability to voluntarily communicate with any Government Agencies or otherwise participate law, in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, each case without advance notice to the Company. While this Agreement does not limit your right , (iii) recovering a SEC whistleblower award as provided under Section 21F of the Securities Exchange Act of 1934, (iv) disclosing any information (including confidential information) to receive an award for information provided a court or other administrative or legislative body in response to a subpoena, court order or written request (with advance notice to the Securities and Exchange Commission, you understand and agree that you are otherwise waiving, Company prior to the fullest extent permitted by law, any and all rights you may have to individual relief based on any Claims that you have released and any rights you have waived by signing this Agreement. If any Claim is not subject to release, such disclosure to the extent permitted by lawlegally permitted), you waive any right or ability (v) disclosing the underlying facts or circumstances relating to be a class or collective action representative or to otherwise participate claims of discrimination, in any putative or certified classviolation of laws prohibiting discrimination, collective or multi-party action or proceeding based on such a Claim in which any of the Company Parties is a party. This Agreement does not abrogate your existing rights under any Company benefit plan or any plan or agreement related to equity ownership in against the Company; however, it does waive, release and forever discharge Claims existing as of the date you execute this Agreement pursuant to any such plan or agreement.

Appears in 1 contract

Sources: Non Competition, Non Solicitation, Non Defamation and Confidentiality Agreement (Mosaic Co)

Protected Activities. Notwithstanding anything herein to the foregoingcontrary, other than events expressly contemplated by this Agreement, you do not waive or release rights or Claims that may arise from events that occur after the date this Release is executed. Also excluded from this Agreement are any Claims which cannot be waived by law, including, without limitation, any rights you may have under applicable workers’ compensation laws. Nothing nothing in this Agreement or the Confidentiality Agreement shall prevent you (a) prohibit Executive from filing, cooperating with, or participating in any proceeding or investigation before filing a charge with the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other comparable federal government agency, state agency or similar state or local agency securities regulatory body (the “Government Agencies”), ; (b) prohibit Executive from reporting possible violations of law to an appropriate Government Agency in a confidential manner without notice to the Company as authorized in any whistleblower protection provisions of any federal or exercising any rights pursuant state law or regulation; or (c) limit Executive’s lawful opportunity to Section 7 of the National Labor Relations Act. You further understand this Agreement does not limit your ability to voluntarily communicate cooperate with any Government Agencies or otherwise participate in any administrative proceeding or investigation or proceeding that may be conducted by any a Government Agency, including providing documents . With respect to any information disclosed pursuant to this protected activity exception that may constitute confidential or other proprietary information, without notice Executive agrees to take all reasonable precautions to prevent any unauthorized use or disclosure to any parties other than the relevant agency or authority. Except as prohibited by applicable law, rule, or regulation, the payments paid to pursuant to the CompanySeverance Agreement will be the sole monetary relief available to Executive, and Executive will not be entitled to recover, and agrees to waive, any additional personal monetary relief that may be sought from or awarded against the Company in the future without regard to who filed or brought such claim. While However, this Agreement does not limit your waive Executive’s right to receive an award for original information provided to the Securities and Exchange Commissionfrom any Government Agency, you understand and agree that you are otherwise waiving, to the fullest extent permitted by law, any and all rights you may have to individual relief based on any Claims that you have released and any rights you have waived by signing this Agreement. If any Claim is including but 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 any of the Company Parties is a party. This Agreement does not abrogate your existing rights under any Company benefit plan or any plan or agreement related to equity ownership in the Company; however, it does waive, release and forever discharge Claims existing as of the date you execute this Agreement pursuant limited to any such plan or agreementaward pursuant to Section 21F of the Securities Exchange Act of 1934.

Appears in 1 contract

Sources: Executive Employment Agreement Addendum (Nextgen Healthcare, Inc.)

Protected Activities. Notwithstanding anything herein to the foregoingcontrary, other than events expressly contemplated by this Agreement, you do not waive or release rights or Claims that may arise from events that occur after the date this Release is executed. Also excluded from this Agreement are any Claims which cannot be waived by law, including, without limitation, any rights you may have under applicable workers’ compensation laws. Nothing nothing in this Agreement or the Confidentiality Agreement shall prevent you (a) prohibit Executive from filing, cooperating with, or participating in any proceeding or investigation before filing a charge with the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other comparable federal government agency, state agency or similar state or local agency securities regulatory body (the “Government Agencies”), ; (b) prohibit Executive from reporting possible violations of law to an appropriate Government Agency in a confidential manner without notice to the Company as authorized in any whistleblower protection provisions of any federal or exercising any rights pursuant to Section 7 of the National Labor Relations Act. You further understand this Agreement does not limit your ability to voluntarily communicate state law or regulation; (c) communicating directly with any Government Agencies governmental, law enforcement, regulatory or otherwise self-regulatory body; or (d) limit Executive’s lawful opportunity to cooperate with or participate in any administrative proceeding or investigation or proceeding that may be conducted by any a Government Agency, including providing documents . With respect to any information disclosed pursuant to this protected activity exception that may constitute confidential or other proprietary information, Executive agrees to take all reasonable precautions to prevent any unauthorized use or disclosure to any parties other than the relevant agency or authority. Except as prohibited by applicable law, rule, or regulation, the payments paid to pursuant to this Agreement will be the sole monetary relief available to Executive, and Executive will not be entitled to recover, and agrees to waive, any additional personal monetary relief that may be sought from or awarded against the Company in the future without notice regard to the Companywho filed or brought such claim. While However, this Agreement does not limit your waive Executive’s right to receive an award for original information provided to the Securities and Exchange Commissionfrom any Government Agency, you understand and agree that you are otherwise waiving, to the fullest extent permitted by law, any and all rights you may have to individual relief based on any Claims that you have released and any rights you have waived by signing this Agreement. If any Claim is including but 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 any of the Company Parties is a party. This Agreement does not abrogate your existing rights under any Company benefit plan or any plan or agreement related to equity ownership in the Company; however, it does waive, release and forever discharge Claims existing as of the date you execute this Agreement pursuant limited to any such plan award pursuant to Section 21F of the Securities Exchange Act of 1934. Further, Executive’s participation in an investigation or agreementother legal matter may include a disclosure of trade secret information provided that it must comply with the restrictions in the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA provides that no individual will be held criminally or civilly liable under 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, either directly or indirectly, or to an 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 if such filing is under seal so that it is not made public. Also, 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.

Appears in 1 contract

Sources: Release of Claims (Nextgen Healthcare, Inc.)

Protected Activities. Notwithstanding the foregoing, other than events expressly contemplated by this Agreement, you do not waive or release rights or Claims that may arise from events that occur after the date this Release is executed. Also excluded from this Agreement are any Claims which cannot be waived by law, including, without limitation, any rights you may have under applicable workers’ compensation laws. Nothing in this Agreement shall prevent you from filing, cooperating with, or participating in any proceeding or investigation before the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal government agency, or similar state or local agency (“Government Agencies”), or exercising any rights pursuant to Section 7 of the National Labor Relations Act. You further understand this Agreement does not limit your ability to voluntarily communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. While this Agreement does not limit your right to receive an award for information provided to the Securities and Exchange Commission, you understand and agree that you are otherwise waiving, to the fullest extent permitted by law, any and all rights you may have to individual relief based on any Claims that you have released and any rights you have waived by signing this Agreement. If any Claim is not subject to release, to the extent permitted by law, you waive any right or 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 any of the Company Parties is a party. This Agreement does not abrogate your existing rights under any Company benefit plan or any plan or agreement related to equity ownership in the Company; however, it does waive, release and forever discharge Claims existing as of the date you execute this Agreement pursuant to any such plan or agreement.

Appears in 1 contract

Sources: Release Agreement (Everbridge, Inc.)

Protected Activities. Notwithstanding the foregoing, other than events expressly contemplated by this Agreement, you do not waive or release rights or Claims a. The Parties acknowledge and agree that may arise from events that occur after the date this Release is executed. Also excluded from nothing in this Agreement are any Claims which cannot be waived by lawother agreement with the Company, includingor any Company policy or code limits the ability, with or without notice to the Company, to: (i) file a charge or complaint with any federal, state or local governmental agency or commission (a “Government Agency”), including without limitation, any rights you may have under applicable workers’ compensation laws. Nothing in this Agreement shall prevent you from filing, cooperating with, or participating in any proceeding or investigation before the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health AdministrationNew York State Division of Human rights, the attorney general, a local commission on human rights, or the Securities and Exchange Commission or any other federal government agency, or similar state or local agency (the Government AgenciesSEC”), or exercising any rights pursuant to Section 7 of the National Labor Relations Act. You further understand this Agreement does not limit your ability to voluntarily ; (ii) communicate with any Government Agencies Agency or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including by providing non-privileged documents or other information; (iii) exercise any rights under Section 7 of the National Labor Relations Act, without notice which are available to non-supervisory employees, including assisting co-workers with or discussing any employment issue as part of engaging in concerted activities for the Company. While purpose of mutual aid or protection; (iv) share compensation information concerning you or others (provided that this Agreement does not limit your right permit you to receive an award for disclose compensation information provided to the Securities and Exchange Commission, you understand and agree concerning others that you are otherwise waivingobtain because your job responsibilities require or allow access to such information); (v) discuss or disclose information about unlawful acts in the workplace, to the fullest extent permitted by law, such as harassment or discrimination or any and all rights you may have to individual relief based on any Claims other conduct that you have released reason to believe is unlawful; (vi) testify truthfully in a legal proceeding; (vii) voluntarily communicate with an attorney retained by you; (viii) recover an SEC whistleblower award as provided under Section 21F of the Securities Exchange Act of 1934; or (ix) communicate with law enforcement. Any such communications and any rights you disclosures must be consistent with applicable law and the information disclosed must not have waived by signing this Agreementbeen obtained through a communication that was subject to the attorney-client privilege (unless disclosure of that information would otherwise be permitted consistent with such privilege or applicable law). If a Government Agency or any Claim is not subject to release, to the extent permitted by lawother third party pursues any claim on your behalf, you waive any right to monetary or ability other individualized relief (either individually or as part of any collective or class action), but this does not apply to be a class or collective action representative or to otherwise participate (and the Company shall not attempt in any putative way to limit) any right you may have to seek or certified classreceive an award pursuant to the whistleblower provisions of any applicable law or regulation for providing information to the SEC or any other Government Agency. b. Additionally, collective you are hereby notified, in accordance with the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1833(b), that you will not be held criminally or multi-party action civilly liable under any federal or proceeding based on such state trade secret law for the disclosure of a Claim in which any trade secret of the Company Parties that (x) is made (i) in confidence to a partyfederal, state, or local government official, either directly or indirectly, or to your attorney, and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (y) in a complaint or other document filed under seal in a lawsuit or other proceeding. This Agreement does not abrogate If you file a lawsuit for retaliation by the Company for reporting a suspected violation of law, you may disclose the trade secret information to your existing rights under any Company benefit plan or any plan or agreement related to equity ownership attorney and use the trade secret information in the Company; howevercourt proceeding, it does waive, release if you (A) file any document containing the trade secret under seal and forever discharge Claims existing as of (B) do not disclose the date you execute this Agreement trade secret except pursuant to any such plan or agreementcourt order.

Appears in 1 contract

Sources: Separation Agreement (Applied Therapeutics, Inc.)