Common use of Other Litigation Clause in Contracts

Other Litigation. Employee agrees that he will not act in any manner that would damage the business or reputation of Employer and/or any of its related companies, successors, assigns, directors, employees, and officers. Employee shall not encourage, counsel, or assist any attorneys, their clients or other individuals in the presentation or prosecution of any disputes, differences, grievances, claims, changes or complaints against Employer and/or any of its related companies, successors, assigns, directors, employees, officers, or shareholders. Employee agrees that he will not discuss or comment, or give or prepare any writing involving any issue arising out of any litigation, administrative proceeding or arbitration in which Employer is or shall become involved without having been so authorized by ▇▇▇▇▇▇▇▇’s President and CEO, in writing, or by virtue of an order issued by a court of competent jurisdiction. If served with an order or valid subpoena, Employee agrees to immediately inform ▇▇▇▇▇▇▇▇’s General Counsel in writing; provided however, that Employee may participate in any judgment or settlement payable by Employer pursuant to any class action litigation where Employee is legitimately a member of such certified class and where such claims and/or causes of action arise from events following execution of this Agreement. Violation of this provision by Employee shall constitute a material and actionable breach of this Agreement. Employee agrees to cooperate and participate with the Employer, its attorneys, and agents in the prosecution and defense of all lawsuits, claims, or administrative proceedings or arbitrations against or involving Employer or Home Point Capital in which Employee is named as a party (other than a claim by Employer against Employee), or of which Employee has knowledge, or with which Employee had involvement during his employment. Employee agrees that with respect to such cooperation and participation after the Separation Date, he shall make himself available for reasonable amounts of time, as necessary, to assist the Employer, its attorneys, and agents, in the prosecution and defense of all such lawsuits, claims, proceedings or arbitrations. Employer agrees to provide Employee with a reasonable fee (i.e. not less than Employee’s per diem rate of pay at the time of his Separation Date) and to reimburse Employee for reasonable travel and lodging expenses he may incur as a result of such cooperation and participation.