Common use of Permitted Conduct Clause in Contracts

Permitted Conduct. Nothing in this Agreement, including in this Section 5, restricts or prohibits the Executive or the Executive’s counsel from initiating communications directly with, responding to any inquiry from, volunteering information to, or providing testimony before a self-regulatory authority or a governmental, law enforcement, or regulatory authority, including the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), FINRA, the Congress, and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in such communications with the Regulators. The Executive recognizes and agrees that, in connection with any such activity outlined above, the Executive must inform the Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive came to learn during the course of the Executive’s employment with the Company that is protected from disclosure by any applicable privilege, including but not limited to the attorney-client privilege and/or attorney work product doctrine. The Company does not waive any applicable privileges or the right to continue to protect its privileged attorney-client information, attorney work product, and other privileged information.

Permitted Conduct. Nothing Employee understands that nothing contained in this AgreementAgreement limits: (a) Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, including in this Section 5the National Labor Relations Board, restricts or prohibits the Executive or Occupational Safety and Health Administration, the Executive’s counsel from initiating communications directly with, responding to any inquiry from, volunteering information to, or providing testimony before a self-regulatory authority or a governmentalSecurities and Exchange Commission, law enforcement, or regulatory authorityany other federal, including the U.S. Equal Employment Opportunity Commission state or local governmental agency or commission (“EEOCGovernment Agencies”), ; (b) Employee’s right to disclose information about or testify regarding alleged criminal conduct or unlawful acts in the Department of Labor (“DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), FINRA, the Congress, and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in such communications with the Regulators. The Executive recognizes and agrees that, in connection with any such activity outlined above, the Executive must inform the Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive came to learn during the course of the Executive’s employment with the Company that is protected from disclosure by any applicable privilegeworkplace, including but not limited to discrimination, harassment, retaliation or any other unlawful or potentially unlawful conduct; or (c) Employee’s ability to file or disclose any facts necessary to receive unemployment insurance, Medicaid, or other public benefits to which Employee is entitled. Employee further understands that this Agreement does not limit Employee’s ability to initiate, testify, assist, comply with a subpoena from, or 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 and that nothing herein precludes Employee from requesting or receiving confidential legal advice; provided, however, that Employee may not disclose Company information that is protected by the attorney-client privilege and/or attorney work product doctrineprivilege, except as expressly authorized by law. The Company This Agreement does not waive any applicable privileges or the limit Employee’s right to continue receive an award for information provided to protect its privileged attorney-client information, attorney work product, and other privileged informationany Government Agencies.

Permitted Conduct. (i) Nothing in this Agreement, including the obligations set forth in this Section 54, restricts or prohibits Executive from: (A) discussing or disclosing information about alleged or suspected criminal conduct, or unlawful employment practices or other unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Executive or the Executive’s counsel from has reason to believe is unlawful, including, but not limited to, harassment (including sexual harassment and/or sexual abuse), retaliation, and discrimination, (B) initiating communications directly with, responding to any inquiry inquiries from, volunteering providing testimony before, providing confidential information to, reporting possible violations of law or providing testimony before regulation to, or from filing a claim or assisting with an investigation directly with a self-regulatory authority or a governmental, law enforcement, government agency or regulatory authorityentity, including the U.S. Equal Employment Opportunity Commission (“EEOC”)Commission, the Department of Labor (“DOL”)Labor, the National Labor Relations Board (“NLRB”)Board, the Department of Justice (“DOJ”)Justice, the Securities and Exchange Commission (“SEC”), FINRACommission, the Congress, and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or (C) from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in such communications with the Regulators. The Executive recognizes and agrees that, in connection with any such activity outlined aboveactivity, the Executive must inform the such Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-third party, including any governmental, law enforcement, or regulatory authorityRegulator, information the Executive came to learn during the course of the Executive’s employment with the Company that is protected from disclosure by any applicable privilege, including but not limited to the attorney-client privilege and/or attorney work product doctrine. The Company does not waive any applicable privileges or the right to continue to protect its privileged attorney-client information, attorney work product, and other privileged information. Additionally, Executive recognizes that Executive’s ability to disclose information may be limited or prohibited by applicable law, and the Company does not consent to disclosures that would violate applicable law. Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide confidential information or documents to the Regulators, or make any such reports or disclosures to the Regulators. Executive is not required to notify the Company that he has engaged in such communications with the Regulators.

Permitted Conduct. Nothing in this Agreement, including in this Section 5, restricts or prohibits the Executive or the Executive’s counsel from initiating communications directly with, responding to any inquiry from, volunteering information to, or providing testimony before a self-regulatory authority or a governmental, law enforcement, or regulatory authority, including the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), FINRA, the Congress, ​ and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in such communications with the Regulators. The Executive recognizes and agrees that, in connection with any such activity outlined above, the Executive must inform the Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive came to learn during the course of the Executive’s employment with the Company that is protected from disclosure by any applicable privilege, including but not limited to the attorney-client privilege and/or privilege, attorney work product doctrine, and/or other applicable legal privileges. The Company does not waive any applicable privileges or the right to continue to protect its privileged attorney-client information, attorney work product, and other privileged information. Additionally, the Executive recognizes that the Executive’s ability to disclose information may be limited or prohibited by applicable law and the Company does not consent to disclosures that would violate applicable law. Nothing in this Agreement is intended to, or has the effect of, requiring the Executive to conceal facts and details associated with the Executive’s own claims of discrimination, harassment or retaliation under the New Jersey Law Against Discrimination (“NJLAD”). Even though the parties may have agreed to keep the settlement and underlying facts confidential, such a provision is unenforceable against the Company if the Executive publicly reveals sufficient details of the claim so that the Company is reasonably identifiable. For the avoidance of doubt, the Executive acknowledges that the Executive’s right to discuss the underlying facts and details of the Executive’s NJLAD claims, subject to the conditions above, does not negate or diminish any other provision of the Agreement, including but not limited to the Executive’s general release of claims and the Executive’s agreement to protect and not disclose Confidential Information and/or privileged information and to keep the specific terms of any agreement (e.g., settlement payments and other consideration) confidential.

Permitted Conduct. Nothing in this Agreement, including in this Section 5, restricts or prohibits the Executive or the Executive’s counsel from initiating communications directly with, responding to any inquiry from, volunteering information to, or providing testimony before a self-regulatory authority or a governmental, law enforcement, or regulatory authority, including the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), FINRA, the Congress, and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in such communications with the Regulators. The Executive recognizes and agrees that, in connection with any such activity outlined above, the Executive must inform the Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive came to learn during the course of the Executive’s employment with the Company that is protected from disclosure by any applicable privilege, including but not limited to the attorney-client privilege and/or privilege, attorney work product doctrine, and/or other applicable legal privileges. The Company does not waive any applicable privileges or the right to continue to protect its privileged attorney-client information, attorney work product, and other privileged information. Additionally, the Executive recognizes that the Executive’s ability to disclose information may be limited or prohibited by applicable law and the Company does not consent to disclosures that would violate applicable law. Nothing in this Agreement is intended to, or has the effect of, requiring the Executive to conceal facts and details associated with the Executive’s own claims of discrimination, harassment or retaliation under the New Jersey Law Against Discrimination (“NJLAD”). Even though the parties may have agreed to keep the settlement and underlying facts confidential, such a provision is unenforceable against the Company if the Executive publicly reveals sufficient details of the claim so that the Company is reasonably identifiable. For the avoidance of doubt, the Executive acknowledges that the Executive’s right to discuss the underlying facts and details of the Executive’s NJLAD claims, subject to the conditions above, does not negate or diminish any other provision of the Agreement, including but not limited to the Executive’s general release of claims and the Executive’s agreement to protect and not disclose Confidential Information and/or privileged information and to keep the specific terms of any agreement (e.g., settlement payments and other consideration) confidential.

Permitted Conduct. Nothing in this Agreement, including in this Section 5, restricts or prohibits the Executive or the Executive’s counsel from initiating communications directly with, responding to any inquiry from, volunteering information to, or providing testimony before a self-regulatory authority or a governmental, law enforcement, or regulatory authority, including the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), FINRA, the Congress, and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in such communications with the Regulators. The Executive recognizes and agrees that, in connection with any such activity outlined above, the Executive must inform the Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive came to learn during the course of the Executive’s employment with the Company that is protected from disclosure by any applicable privilege, including but not limited to the attorney-client privilege and/or privilege, attorney work product doctrine, and/or other applicable legal privileges. The Company does not waive any applicable privileges or the right to continue to protect its privileged attorney-client information, attorney work product, and other privileged information. Additionally, the Executive recognizes that the Executive’s ability to disclose information may be limited or prohibited by applicable law and the Company does not consent to disclosures that ​ would violate applicable law. Nothing in this Agreement is intended to, or has the effect of, requiring the Executive to conceal facts and details associated with the Executive’s own claims of discrimination, harassment or retaliation under the New Jersey Law Against Discrimination (“NJLAD”). Even though the parties may have agreed to keep the settlement and underlying facts confidential, such a provision is unenforceable against the Company if the Executive publicly reveals sufficient details of the claim so that the Company is reasonably identifiable. For the avoidance of doubt, the Executive acknowledges that the Executive’s right to discuss the underlying facts and details of the Executive’s NJLAD claims, subject to the conditions above, does not negate or diminish any other provision of the Agreement, including but not limited to the Executive’s general release of claims and the Executive’s agreement to protect and not disclose Confidential Information and/or privileged information and to keep the specific terms of any agreement (e.g., settlement payments and other consideration) confidential.

Permitted Conduct. Nothing in this Agreement, including in this Section 5, restricts or prohibits the Executive or the Executive’s counsel from initiating communications directly with, responding to any inquiry from, volunteering information to, or providing testimony before a self-regulatory authority or a governmental, law enforcement, or regulatory authority, including the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), FINRA, the Congress, and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in such communications with the Regulators. The Executive recognizes and agrees that, in connection with any such activity outlined above, the Executive must inform the Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive came to learn during the course of the Executive’s employment with the Company that is protected from disclosure by any applicable privilege, including but not limited to the attorney-client privilege and/or privilege, attorney work product doctrine, and/or other applicable legal privileges. The Company does not waive any applicable privileges or the right to continue to protect its privileged attorney-client information, attorney work product, and other privileged information. Additionally, the Executive recognizes that the Executive’s ability to disclose information may be limited or prohibited by applicable law and the Company does not consent to disclosures that would violate applicable law. Nothing in this Agreement is intended to, or has the effect of, requiring the Executive to conceal facts and details associated with the Executive’s own claims of discrimination, harassment or retaliation under the New Jersey Law Against Discrimination (“NJLAD”). Even though the parties may have agreed to keep the settlement and underlying facts confidential, such a provision is unenforceable against the Company if the Executive ​ publicly reveals sufficient details of the claim so that the Company is reasonably identifiable. For the avoidance of doubt, the Executive acknowledges that the Executive’s right to discuss the underlying facts and details of the Executive’s NJLAD claims, subject to the conditions above, does not negate or diminish any other provision of the Agreement, including but not limited to the Executive’s general release of claims and the Executive’s agreement to protect and not disclose Confidential Information and/or privileged information and to keep the specific terms of any agreement (e.g., settlement payments and other consideration) confidential.

Permitted Conduct. Nothing Employee understands that nothing contained in this AgreementRelease limits: (a) Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, including in this Section 5the National Labor Relations Board, restricts or prohibits the Executive or Occupational Safety and Health Administration, the Executive’s counsel from initiating communications directly with, responding to any inquiry from, volunteering information to, or providing testimony before a self-regulatory authority or a governmentalSecurities and Exchange Commission, law enforcement, or regulatory authorityany other federal, including the U.S. Equal Employment Opportunity Commission state or local governmental agency or commission (“EEOCGovernment Agencies”), ; (b) Employee’s right to disclose information about or testify regarding alleged criminal conduct or unlawful acts in the Department of Labor (“DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), FINRA, the Congress, and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in such communications with the Regulators. The Executive recognizes and agrees that, in connection with any such activity outlined above, the Executive must inform the Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive came to learn during the course of the Executive’s employment with the Company that is protected from disclosure by any applicable privilegeworkplace, including but not limited to discrimination, harassment, retaliation or any other unlawful or potentially unlawful conduct; or (c) Employee’s ability to file or disclose any facts necessary to receive unemployment insurance, Medicaid, or other public benefits to which Employee is entitled. Employee further understands that this Release does not limit Employee’s ability to initiate, testify, assist, comply with a subpoena from, or 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 and that nothing herein precludes Employee from requesting or receiving confidential legal advice; provided, however, that Employee may not disclose Company information that is protected by the attorney-client privilege and/or attorney work product doctrineprivilege, except as expressly authorized by law. The Company This Release does not waive any applicable privileges or the limit Employee’s right to continue receive an award for information provided to protect its privileged attorney-client information, attorney work product, and other privileged informationany Government Agencies.

Permitted Conduct. Nothing in this Agreement, Agreement (including in this Section 5, restricts Exhibit A attached hereto) shall prohibit or prohibits the restrict Executive or the Executive’s counsel from initiating communications directly with, responding to any inquiry from, volunteering providing testimony before, providing information to, reporting possible violations of law or providing testimony before regulation to, or filing a claim or assisting with an investigation directly with a self-regulatory authority organization or a governmental, law enforcement, government agency or regulatory authorityentity, including the U.S. Equal Employment Opportunity Commission (“EEOC”)Commission, the Department of Labor (“DOL”)Labor, the National Labor Relations Board (“NLRB”)Board, the Department of Justice (“DOJ”)Justice, the Securities and Exchange Commission (“SEC”)Commission, FINRA, the Congress, and any agency Inspector General (collectivelyor any other federal, the “Regulators”), from participating in any reporting of, investigation into, state or proceeding regarding suspected violations of lawlocal regulatory authority, or from making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Nor does this Agreement (including Exhibit A attached hereto) require Executive does not need the to obtain prior authorization of from the Company to engage before engaging in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulatorsany conduct described in this Section 7, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in any such communications with the Regulatorsconduct. The Executive recognizes acknowledges and agrees agrees, however, that, to the fullest extent permitted by law, Executive is waiving and releasing any claim or right to recover from the Company any monetary damages or any other form of personal relief based on any claim, charge, complaint or action against the Company covered by the general release of claims set forth in the Agreement (including Exhibit A hereto). Nothing in this Agreement (including Exhibit A attached hereto) is intended to or shall prevent, impede or interfere with Executive’s non-waivable right to receive and fully retain a monetary award from a government-administered whistleblower award program for providing information directly to a government agency. Please take notice that federal law provides criminal and civil immunity to federal and state claims for trade secret misappropriation to individuals who disclose a trade secret to their attorney, a court, or a government official in certain, confidential circumstances that are set forth at 18 U.S.C. §§ 1833(b)(1) and 1833(b)(2), related to the reporting or investigation of a suspected violation of the law, or in connection with any such activity outlined above, the Executive must inform the Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive came to learn during the course a lawsuit for retaliation for reporting a suspected violation of the Executive’s employment with the Company that is protected from disclosure by any applicable privilege, including but not limited to the attorney-client privilege and/or attorney work product doctrine. The Company does not waive any applicable privileges or the right to continue to protect its privileged attorney-client information, attorney work product, and other privileged informationlaw.

Permitted Conduct. a. Nothing in this Agreement prohibits or prevents you from filing a charge with or participating, testifying, or assisting in any investigation, hearing, or other proceeding before the U.S. Equal Employment Opportunity Commission or a similar agency enforcing federal, state or local anti-discrimination laws. However, to the maximum extent permitted by law, you agree that if such an administrative claim or charge is made to such an anti-discrimination agency, you shall not be entitled to recover any individual monetary relief or other individual remedies in connection with such claim or charge, and in the event you obtain such monetary relief the Company will be entitled to an offset for the payments made pursuant to this Agreement. In addition, including nothing in this Section 5, Agreement restricts or prohibits the Executive or the Executive’s counsel you from initiating communications directly ​ ​ with, responding to any inquiry inquiries from, volunteering providing testimony before, providing confidential information to, reporting possible violations of law or providing testimony before regulation to, or from filing a claim or assisting with an investigation directly with a self-regulatory authority or a governmental, law enforcement, government agency or regulatory authorityentity, including without limitation, the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”)Labor, the National Labor Relations Board (“NLRB”)Board, the U.S. Department of Justice (“DOJ”)Justice, the U.S. Securities and Exchange Commission (“SEC”), FINRACommission, the U.S. Commodities Futures Trading Commission, the Financial Industry Regulatory Authority, the Occupational Safety and Health Administration, the U.S. Congress, any other federal, state, or local government agency or commission, and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or from making other disclosures that are protected under the whistleblower provisions of state federal, state, or federal local law or regulation. The Executive does You do not need the prior authorization of the Company to engage in such communications with the Regulatorsconduct protected by this paragraph, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is and you do not required need to notify the Company that the Executive has you have engaged in such communications with conduct. This agreement does not limit your right to receive an award from any Regulator that provides awards for providing information relating to a potential violation of the Regulatorslaw. The Executive recognizes You recognize and agrees agree that, in connection with any such activity outlined above, the Executive you must inform the Regulators Regulators, your attorney, a court or a government official that the information the Executive is you are providing is confidential. Despite the foregoing, the Executive is you are not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive you came to learn during the course of the Executive’s employment your service with the Company that is protected from disclosure by any applicable privilege, including but not limited to the attorney-client privilege and/or attorney work product doctrine. The Company does not waive any applicable privileges or the right to continue to protect its respective privileged attorney-client information, attorney work product, and other privileged information.

Permitted Conduct. Nothing in this Agreement, including in this Section 5, restricts or prohibits the Executive or the Executive’s counsel from initiating communications directly with, responding to any inquiry from, volunteering information to, or providing testimony before a self-regulatory authority or a governmental, law enforcement, or regulatory authority, including the U.S. Equal Employment Opportunity Commission (“EEOC”), the Department of Labor (“DOL”), the National Labor Relations Board (“NLRB”), the Department of Justice (“DOJ”), the Securities and Exchange Commission (“SEC”), FINRA, the Congress, and any agency Inspector General (collectively, the “Regulators”), from participating in any reporting of, investigation into, or proceeding regarding suspected violations of law, or from ​ ​ ​ ​ making other disclosures that are protected under the whistleblower provisions of state or federal law or regulation. The Executive does not need the prior authorization of the Company to engage in such communications with the Regulators, respond to such inquiries from the Regulators, provide Confidential Information or documents containing Confidential Information to the Regulators, or make any such reports or disclosures to the Regulators. The Executive is not required to notify the Company that the Executive has engaged in such communications with the Regulators. The Executive recognizes and agrees that, in connection with any such activity outlined above, the Executive must inform the Regulators that the information the Executive is providing is confidential. Despite the foregoing, the Executive is not permitted to reveal to any third-party, including any governmental, law enforcement, or regulatory authority, information the Executive came to learn during the course of the Executive’s employment with the Company that is protected from disclosure by any applicable privilege, including but not limited to the attorney-client privilege and/or attorney work product doctrine. The Company does not waive any applicable privileges or the right to continue to protect its privileged attorney-client information, attorney work product, and other privileged information.