Common use of Protected Activity Clause in Contracts

Protected Activity. Employee understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the relevant Government Agencies. Employee further understands that “Protected Activity” does not include the disclosure of any Company attorney-client privileged communications, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee is 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.

Protected Activity. Employee understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the relevant Government Agencies. Employee further understands that “Protected Activity” does not include the disclosure of any Company attorney-attorney- client privileged communications, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee is 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.

Protected Activity. Employee understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the relevant Government Agencies. Employee further understands that “Protected Activity” does not include the disclosure of any Company attorney-client privileged communications, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee is 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.

Protected Activity. Employee understands that nothing Nothing in this Agreement shall prohibit or the Confidentiality Agreement shall in any way limit or prohibit impede Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean communicating, cooperating or filing a charge, complaint, or report with, or otherwise communicating with, cooperating complaint with or participating in any investigation or proceeding that may be conducted by, any U.S. federal, state or local government governmental or law enforcement branch, agency or commissionentity, including including, but not limited to, the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (collectively, a “Government AgenciesGovernmental Entity”)) with respect to possible violations of any U.S. federal, state or local law or regulation, or discussing otherwise making disclosures to any Governmental Entity, in each case, that are protected under the terms whistleblower provisions of any such law or regulation; provided that, in each case, such communications and conditions of Employee’s employment disclosures are consistent with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by applicable law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under (as defined in the Confidentiality Agreement or any other agreement between Employee and the Corporation relating to the protection of confidential information) to any parties other than the relevant Government AgenciesGovernmental Entities. Employee further understands that “Protected Activity” Activity does not include the disclosure of any Company attorney-client privileged communications. Any language in the Confidentiality Agreement (or in any other agreement between Employee and the Corporation relating to the protection of confidential information) that conflicts with, and that any such disclosure without the Company’s written consent shall constitute a material breach of or is contrary to, this paragraph is superseded by this Agreement. In addition, Employee understands and acknowledges that pursuant to the Defend Trade Secrets Act of 2016, Employee is notified that 2016 (A) 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 is made (i) is made in confidence to a federalFederal, 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, 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 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 court order.

Protected Activity. Employee understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement Proprietary Information to any parties other than the relevant Government Agencies. Employee further understands that “Protected Activity” does not include the disclosure of any Company attorney-client privileged communications, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee is 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.

Protected Activity. Employee understands that nothing in Notwithstanding anything herein to the contrary, this Agreement or the Confidentiality Agreement Release shall in any way limit or prohibit Employee not: a. preclude Executive from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), disclosing or discussing the information lawfully acquired about wages, hours or other terms and conditions of Employee’s employment with others to the extent expressly permitted if used for purposes protected by Section 7 of the National Labor Relations Act. Employee understands that Act such as joining or forming a union, engaging in connection collective bargaining or engaging in other concerted activity for the mutual aid or protection of employees; or b. limit Executive’s rights under applicable law to initiate communications directly with, provide information to, respond to any inquiries from, or report possible violations of law or regulation to any governmental entity or self-regulatory authority, or to file a charge with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted participate in an investigation conducted by lawany governmental entity or self-regulatory authority, and without giving notice toExecutive does not need any Released Party’s permission to do so. In addition, it is understood that this Release shall not require Executive to notify any Released Party of a request for information from any governmental entity or receiving authorization from, self-regulatory authority that is not directed to the CompanyEmployer or of Executive’s decision to file a charge or complaint with or participate in an investigation conducted by any governmental entity or self-regulatory authority. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure Executive recognizes that, in connection with the provision of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than governmental entity or self-regulatory authority, Executive must inform such governmental entity or self-regulatory authority that the relevant Government Agenciesinformation Executive is providing is confidential. Employee further understands Despite the foregoing, Executive is not permitted to reveal to any third party, including any governmental entity or self-regulatory authority, information Executive came to learn during Executive’s service to the Employer that “Protected Activity” does is protected from disclosure by any applicable privilege, including but not include limited to the disclosure of any Company attorney-client privilege or attorney work product doctrine. The Employer does not waive any applicable privileges or the right to continue to protect its privileged communicationsattorney-client information, attorney work product, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreementother privileged information. In addition, pursuant Executive agrees to waive Executive’s right to recover monetary damages in connection with any charge, complaint or lawsuit pertaining to the Defend Trade Secrets Act of 2016Released Matters filed by Executive or anyone else on Executive’s behalf (whether involving a governmental entity or not); provided that Executive is not agreeing to waive, Employee is notified that an individual will and this Release shall not be held criminally read as requiring Executive to waive, any right Executive may have to receive any bounty or civilly liable under monetary award from any federal governmental entity or state trade secret regulatory or law for the disclosure of a trade secret that (i) is made enforcement authority in confidence connection with information provided 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 any governmental entity 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 orderprotected “whistleblower” activity.

Protected Activity. Employee understands that nothing in Notwithstanding anything herein to the contrary, this Agreement or does not: preclude the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activitydisclosing or discussing information lawfully acquired about wages, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complainthours, or report withother 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 otherwise engaging in other concerted activity for the mutual aid or protection of employees; [IF IN CALIFORNIA: prevent the Employee from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that the Employee has reason to believe is unlawful;] prohibit or restrict the Employee from communicating with, providing information to, responding to any inquiries from, filing a charge with, reporting possible violations of law or regulation to, participating in an investigation conducted by or otherwise cooperating with any governmental entity or self-regulatory authority with jurisdiction over the Company, or require the Employee to notify the Company of such activities; preclude the Employee from benefiting from class-wide injunctive relief awarded in any fair employment practices case brought by any governmental entity or self-regulatory authority with jurisdiction over the Company, provided such relief does not result in the Employee’s receipt of any monetary benefit or substantial equivalent thereof; or prohibit the Employee from filing or proceeding with a charge with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, by the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”)Board, or discussing any other federal, state, or local governmental entity or self-regulatory authority with jurisdiction over the terms Company charged with the investigation and conditions enforcement of Employee’s any employment with others to laws, although by signing this Agreement, the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee agrees and understands that she/he is waiving her/his right to individual relief based on claims asserted in connection with such Protected Activity, a charge or complaint (provided that nothing herein shall be construed to prevent or limit the Employee is permitted to disclose documents from recovering a bounty or other award for providing information to Government Agencies as permitted by any governmental entity or self-regulatory authority concerning any suspected violation of law, and without giving notice to, or receiving authorization from, the Company). Notwithstanding the foregoing, the Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure recognizes that, in connection with the provision of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than governmental entity or self-regulatory authority with jurisdiction over the relevant Government AgenciesCompany, the Employee must inform such governmental entity or self-regulatory authority that the information the Employee is providing is confidential. Furthermore, the Employee further understands is not permitted to reveal to any third party, including any governmental entity or self-regulatory authority, information the Employee came to learn during the Employee’s service to the Company that “Protected Activity” does is protected from disclosure by any applicable privilege, including but not include limited to the disclosure of any Company attorney-client privilege or attorney work product doctrine. The Company does not waive any applicable privileges or the right to continue to protect its privileged communicationsattorney-client information, attorney work product, and that any such disclosure without other privileged information. Furthermore, the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee is hereby notified that the immunity provisions in Section 1833 of title 18 of the United States Code provide that an individual will cannot be held criminally or civilly liable under any federal or state trade secret law for the any disclosure of a trade secret that (i) is made (1) in confidence to a federal, state, state or local government official (officials, either directly or indirectly) , or to an attorney attorney, and is solely for the purpose of reporting or investigating a suspected violation of the law, or (ii2) is made under seal in a complaint or other document filed in a lawsuit or other proceeding, if or (and only if3) such filing is made under seal. In addition, an individual who files to the Employee’s attorney in connection with a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose (and the trade secret to the individual’s attorney and use the trade secret information may be used in the court proceeding, if the individual files proceedings for such lawsuit) as long as any document containing the trade secret is filed under seal and does not disclose the trade secret, secret is not disclosed except pursuant to court order.

Protected Activity. Employee understands that nothing Notwithstanding anything herein to the contrary, this Release shall not: 5.3.1 Prevent Executive from discussing or disclosing information about unlawful acts in this Agreement the workplace, such as harassment or the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaintdiscrimination, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding other acts that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), Executive has reason to believe are unlawful; 5.3.2 Preclude Executive from disclosing or discussing the information lawfully acquired about wages, hours or other terms and conditions of Employee’s employment with others to the extent expressly permitted if used for purposes protected by Section 7 of the National Labor Relations Act. Employee understands that Act such as joining or forming a union, engaging in connection collective bargaining or engaging in other concerted activity for the mutual aid or protection of employees; or 5.3.3 Limit Executive’s rights under applicable law to initiate communications directly with, provide information to, respond to any inquiries from, or report possible violations of law or regulation to any governmental entity or self-regulatory authority, or to file a charge with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted participate in an investigation conducted by lawany governmental entity or self-regulatory authority, and without giving notice toExecutive does not need any Released Party’s permission to do so. In addition, it is understood that this Release shall not require Executive to notify any Released Party of a request for information from any governmental entity or receiving authorization from, self-regulatory authority that is not directed to the CompanyCompany or of Executive’s decision to file a charge or complaint with or participate in an investigation conducted by any governmental entity or self-regulatory authority. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure Executive recognizes that, in connection with the provision of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than governmental entity or self-regulatory authority, Executive must inform such governmental entity or self-regulatory authority that the relevant Government Agenciesinformation Executive is providing is confidential. Employee further understands Despite the foregoing, Executive is not permitted to reveal to any third party, including any governmental entity or self-regulatory authority, information Executive came to learn during Executive’s service to the Company that “Protected Activity” does is protected from disclosure by any applicable privilege, including but not include limited to the disclosure of any Company attorney-client privilege or attorney work product doctrine. The Company does not waive any applicable privileges or the right to continue to protect its privileged communicationsattorney-client information, attorney work product, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreementother privileged information. In addition, pursuant Executive agrees to waive Executive’s right to recover monetary damages in connection with any charge, complaint or lawsuit pertaining to the Defend Trade Secrets Act of 2016Released Matters filed by Executive or anyone else on Executive’s behalf (whether involving a governmental entity or not); provided that Executive is not agreeing to waive, Employee is notified that an individual will and this Release shall not be held criminally read as requiring Executive to waive, any right Executive may have to receive any bounty or civilly liable under monetary award from any federal governmental entity or state trade secret regulatory or law for the disclosure of a trade secret that (i) is made enforcement authority in confidence connection with information provided 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 any governmental entity or other document filed in a lawsuit or other proceeding, if (and only if) such filing is made under sealprotected “whistleblower” activity. In addition, an individual who files a lawsuit it is understood that Executive shall respond accurately and fully to any question, inquiry or request for retaliation information when required 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 legal process or as reasonably necessary pursuant to court orderany legal process between Executive and any of the parties named herein.

Protected Activity. Employee understands that nothing in (i) Notwithstanding Section 13(a) or anything else herein to the contrary, this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee not: A. preclude Executive from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), disclosing or discussing the information lawfully acquired about wages, hours or other terms and conditions of Employee’s employment with others to the extent expressly permitted if used for purposes protected by Section 7 of the National Labor Relations Act. Employee understands that Act such as joining or forming a union, engaging in connection collective bargaining or engaging in other concerted activity for the mutual aid or protection of employees; or B. limit Executive’s rights under applicable law to initiate communications directly with, provide information to, respond to any inquiries from, or report possible violations of law or regulation to any governmental entity or self-regulatory authority, or to file a charge with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted participate in an investigation conducted by lawany governmental entity or self-regulatory authority, and without giving notice to, or receiving authorization from, Executive does not need the Company’s or any of its Affiliates’ permission to do so. In addition, it is understood that this Agreement shall not require Executive to notify the Company or any of its Affiliates of a request for information from any governmental entity or self-regulatory authority that is not directed to the Company or any of its Affiliates or of Executive’s decision to file a charge or complaint with or participate in an investigation conducted by any governmental entity or self-regulatory authority. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure Executive recognizes that, in connection with the provision of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than governmental entity or self-regulatory authority, Executive must inform such governmental entity or self-regulatory authority that the relevant Government Agenciesinformation Executive is providing is confidential. Employee further understands Despite the foregoing, Executive is not permitted to reveal to any third party, including any governmental entity or self-regulatory authority, information Executive comes to learn during Executive’s service to the Company and that “Protected Activity” does Executive knows or reasonably should know is protected from disclosure by any applicable privilege, including but not include limited to the disclosure of any Company attorney-client privilege or attorney work product doctrine. Each of the Company and its Affiliates does not waive any applicable privileges or the right to continue to protect its privileged communicationsattorney-client information, attorney work product, and other privileged information. (ii) Executive is hereby notified that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the U.S. Defend Trade Secrets Act of 2016, Employee is notified 18 U.S.C. 1833 (the “DTSA”) provides that an individual will cannot be held criminally or civilly liable under any federal or state trade secret law for the any disclosure of a trade secret that is made: (i1) is made in confidence to a federal, state, state or local government official (officials, either directly or indirectly) , or to an attorney attorney, and is solely for the purpose of reporting or investigating a suspected violation of the 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, an individual who files ; or (3) to the individual’s attorney in connection with a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose (and the trade secret to the individual’s attorney and use the trade secret information may be used in the court proceeding, if the individual files proceedings for such lawsuit) as long as (x) any document containing the trade secret is filed under seal and does not disclose (y) the trade secret, secret is not disclosed except pursuant to court order.

Protected Activity. Employee understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act, or discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that the Employee has reason to believe is unlawful. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the relevant Government Agencies. Employee further understands that “Protected Activity” does not include the disclosure of any Company attorney-client privileged communications, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee is 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.

Protected Activity. Employee understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the relevant Government Agencies. Employee further understands that “Protected Activity” does not include the disclosure of any Company attorney-client privileged communications, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee is 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.

Protected Activity. Employee understands that nothing in Notwithstanding anything herein to the contrary, this Agreement or the Confidentiality Agreement Release shall in any way limit or prohibit not: (i) preclude Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), disclosing or discussing the information lawfully acquired about wages, hours or other terms and conditions of Employee’s employment with others to the extent expressly permitted if used for purposes protected by Section 7 of the National Labor Relations Act. Employee understands that Act such as joining or forming a union, engaging in connection with such Protected Activity, Employee is permitted collective bargaining or engaging in other concerted activity for the mutual aid or protection of employees; or (ii) limit Employee’s rights under applicable law to disclose documents or other provide information to Government Agencies as permitted any governmental entity or to file a charge with or participate in an investigation conducted by lawany governmental entity (including, for the avoidance of doubt, any investigation or proceeding conducted by any state human rights agency or commission, or federal EEOC or the MHRC), and without giving notice toEmployee does not need any Released Party’s permission to do so. In addition, it is understood that this Release shall not require Employee to notify any Released Party of a request for information from any governmental entity or receiving authorization from, the Companyof Employee’s decision to file a charge with or participate in an investigation conducted by any governmental entity. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure recognizes that, in connection with the provision of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than governmental entity, Employee must inform such governmental entity that the relevant Government Agenciesinformation Employee is providing is confidential. Despite the foregoing, Employee further understands is not permitted to reveal to any third party, including any governmental entity, information Employee came to learn during Employee’s service to the Company that “Protected Activity” does is protected from disclosure by any applicable privilege, including but not include limited to the disclosure of any Company attorney-client privilege or attorney work product doctrine. The Company does not waive any applicable privileges or the right to continue to protect its privileged communicationsattorney-client information, attorney work product, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreementother privileged information. In addition, pursuant Employee agrees to waive Employee’s right to recover monetary damages in connection with any charge, complaint or lawsuit pertaining to the Defend Trade Secrets Act of 2016, Released Matters filed by Employee or anyone else on Employee’s behalf (whether involving a governmental entity or not); provided that Employee is notified that an individual will not agreeing to waive, and this Release shall not be held criminally or civilly liable under read as requiring Employee to waive, any federal or state trade secret law right Employee may have to receive an award for the disclosure of a trade secret that (i) is made in confidence information provided 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 ordergovernmental entity.

Protected Activity. Employee understands that nothing Nothing in this Agreement shall prohibit or the Confidentiality Agreement shall in any way limit or prohibit impede Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean communicating, cooperating or filing a charge, complaint, or report with, or otherwise communicating with, cooperating complaint with or participating in any investigation or proceeding that may be conducted by, any U.S. federal, state or local government governmental 2 [To be deleted if Employee is under age 40.] or law enforcement branch, agency or commissionentity, including including, but not limited to, the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (collectively, a “Government AgenciesGovernmental Entity”)) with respect to possible violations of any U.S. federal, state or local law or regulation, or discussing otherwise making disclosures to any Governmental Entity, in each case, that are protected under the terms whistleblower provisions of any such law or regulation; provided that, in each case, such communications and conditions of Employee’s employment disclosures are consistent with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by applicable law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under (as defined in the Confidentiality Agreement or any other agreement between Employee and the Corporation relating to the protection of confidential information) to any parties other than the relevant Government AgenciesGovernmental Entities. Employee further understands that “Protected Activity” Activity does not include the disclosure of any Company attorney-client privileged communications. Any language in the Confidentiality Agreement (or in any other agreement between Employee and the Corporation relating to the protection of confidential information) that conflicts with, and that any such disclosure without the Company’s written consent shall constitute a material breach of or is contrary to, this paragraph is superseded by this Agreement. In addition, Employee understands and acknowledges that pursuant to the Defend Trade Secrets Act of 2016, Employee is notified that 2016 (A) 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 is made (i) is made in confidence to a federalFederal, 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, 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 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 court order.

Protected Activity. Employee Individual understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee Individual from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee Individual understands that in connection with such Protected Activity, Employee Individual is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee Individual agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the relevant Government Agencies. Employee Individual further understands that “Protected Activity” does not include the disclosure of any Company attorney-client privileged communications, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee Individual is 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.

Protected Activity. Employee understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean (a) filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange CommissionCommission (the “SEC”), the Equal Employment Opportunity Commission, the California Civil Rights Department, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or (b) discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act, (c) disclosing or discussing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Employee has reason to believe is unlawful, or, (d) complying with any applicable law, regulation, or a valid order of a court of competent jurisdiction or an authorized Government Agency, provided that Employee’s compliance does not exceed the requirements of such law, regulation, or order. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the relevant Government Agencies. Employee further understands that “Protected Activity” does not include the disclosure of any Company attorney-client privileged communications, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. However, Employee covenants and promises that Employee waives, releases, and will not seek or accept compensation or other personal benefits from Company arising out of any Government Agency action related to any Released Claims, except for any award in exchange for providing information to the SEC. If Employee is ever awarded or recovers in any forum any amount from Company as to any claim released by this Agreement (except under the ADEA, if Employee is lawfully allowed to pursue such a claim, or any bounty awarded to Employee by the SEC), Employee hereby assigns the right to any such amounts to Company and agrees to immediately tender the same to Company. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee is 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.

Protected Activity. Employee Executive understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee Executive from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean including filing a charge, complaint, or report with, or otherwise communicating withcommunicating, cooperating with cooperating, or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee Executive understands that in connection with such Protected Activity, Employee Executive is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee Executive agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the relevant Government Agencies. Employee Executive further understands that “Protected Activity” does not include the disclosure of any Company attorney-client privileged communicationscommunications or attorney work product. Additionally, nothing in this Agreement constitutes a waiver of any rights Employee may have under the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act or Section 7 of the National Labor Relations Act, and nothing in this Agreement including any provisions addressing non-disparagement and confidentiality provisions shall impair Employee in assisting other Company employees and/or former employees in exercising their rights under Section 7 of the National Labor Relations Act. Any language in the Employment Letter regarding Executive’s right to engage in Protected Activity that any such disclosure without the Company’s written consent shall constitute a material breach of conflicts with, or is contrary to, this section is superseded by this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee Executive is 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 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.

Protected Activity. Employee understands that nothing in this Agreement or the Confidentiality Agreement shall in any way limit or prohibit Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), or discussing the terms and conditions of Employee’s employment with others to the extent expressly permitted by Section 7 of the National Labor Relations Act. Employee understands that in connection with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than the relevant Government Agencies. Employee further understands that “Protected Activity” does not include the disclosure of any Company attorney-client privileged communications, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreement. In addition, pursuant to the Defend Trade Secrets Act of 2016, Employee is 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.. ​

Protected Activity. Employee understands that Notwithstanding anything herein to the contrary, nothing in this Agreement, the Non-Competition Agreement or the Confidentiality Non-Disclosure Agreement shall in any way limit or prohibit shall: a. preclude Employee from engaging for a lawful purpose in any Protected Activity, provided, however, that Employee agrees not to seek or accept any monetary award from such a proceeding (except with respect to proceedings before the Securities and Exchange Commission). For purposes of this Agreement, “Protected Activity” shall mean filing a charge, complaint, or report with, or otherwise communicating with, cooperating with or participating in any investigation or proceeding that may be conducted by, any federal, state or local government agency or commission, including the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the National Labor Relations Board (“Government Agencies”), disclosing or discussing the information lawfully acquired about wages, hours or other terms and conditions of Employee’s employment with others to the extent expressly permitted if used for purposes protected by Section 7 of the National Labor Relations Act. Employee understands that , such as joining or forming a union, engaging in connection collective bargaining or engaging in other concerted activity for the mutual aid or protection of employees; or b. limit Employee’s rights under applicable law to initiate communications directly with, provide information to, respond to any inquiries from, or report possible violations of law or regulation to any governmental entity or self-regulatory authority, or to file a charge with such Protected Activity, Employee is permitted to disclose documents or other information to Government Agencies as permitted participate in an investigation conducted by lawany governmental entity or self-regulatory authority, and without giving notice toEmployee does not need any Released Party’s permission to do so. In addition, it is understood that this Agreement shall not require Employee to notify any Released Party of a request for information from any governmental entity or receiving authorization from, the Companyself-regulatory authority or of Employee’s decision to file a charge with or participate in an investigation conducted by any governmental entity or self-regulatory authority. Notwithstanding the foregoing, Employee agrees to take all reasonable precautions to prevent any unauthorized use or disclosure recognizes that, in connection with the provision of any information that may constitute Company confidential information under the Confidentiality Agreement to any parties other than governmental entity or self-regulatory authority, Employee must inform such governmental entity or self-regulatory authority that the relevant Government Agenciesinformation Employee is providing is confidential. Despite the foregoing, Employee further understands is not permitted to reveal to any third party, including any governmental entity or self-regulatory authority, information Employee came to learn during Employee’s service to the Company that “Protected Activity” does is protected from disclosure by any applicable privilege, including, but not include limited to, the disclosure of any Company attorney-client privilege or attorney work product doctrine. The Company does not waive any applicable privileges or the right to continue to protect its privileged communicationsattorney-client information, attorney work product, and that any such disclosure without the Company’s written consent shall constitute a material breach of this Agreementother privileged information. In addition, pursuant Employee agrees to waive Employee’s right to recover monetary damages in connection with any charge, complaint or lawsuit pertaining to the Defend Trade Secrets Act of 2016, Released Matters filed by Employee or anyone else on Employee’s behalf (whether involving a governmental entity or not); provided that Employee is notified that an individual will not agreeing to waive, and this Agreement shall not be held criminally read as requiring Employee to waive, any right Employee may have to receive any bounty or civilly liable under monetary award from any federal governmental entity or state trade secret regulatory or law for the disclosure of a trade secret that (i) is made enforcement authority in confidence connection with information provided 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 any governmental entity 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 orderprotected “whistleblower” activity.