Protected Conduct. I understand that nothing in this Agreement prohibits me from communicating directly with, cooperating with, or providing information to, or receiving financial awards from, any federal, state or local government agency (including, without limitation, the Securities and Exchange Commission or the National Labor Relations Board), without notifying or seeking approval from Company before doing so, nor does it prohibit discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that I have reason to believe is unlawful, or exercising any rights I may have under Section 7 of the National Labor Relations Act. I acknowledge notice that pursuant to the Defend Trade Secrets Act (“DTSA”): (i) no individual (consultant, contractor or employee) will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret that: (A) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and (ii) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal, and does not disclose the trade secret, except as permitted by court order. The foregoing will not be construed to invite, permit, or limit liability for otherwise illegal activity such a breaking and entering, illegal computer access (hacking) or theft of the Company property.
Appears in 6 contracts
Sources: Employment Agreement (Callaway Golf Co), Employment Agreement (Callaway Golf Co), Employment Agreement (Callaway Golf Co)
Protected Conduct. I understand that nothing Nothing in this Agreement (a) prohibits me the Participant from communicating directly with, cooperating with, or providing information to, or receiving financial awards from, any federal, state or local government reporting an event that the Participant reasonably and in good faith believes is a violation of law to the relevant law-enforcement agency (including, without limitation, such as the Securities and Exchange Commission or the National Labor Relations BoardDepartment of Labor), without notifying (b) requires notice to or seeking approval from the Company before doing so, nor does it prohibit discussing or disclosing information about unlawful acts (c) prohibits the Participant from cooperating in the workplace, an investigation conducted by such as harassment or discrimination or any other conduct a government agency. Further Participant is hereby advised that I have reason to believe is unlawful, or exercising any rights I may have under Section 7 of the National Labor Relations Act. I acknowledge notice that pursuant to the Defend Trade Secrets Act of 2016 (“DTSA”): (i) ), no individual (consultant, contractor or employee) will be held criminally or civilly liable under Federal federal, state or State local trade secret law for the disclosure of a trade secret that: (Ai) is made in confidence to a Federalfederal, Statestate, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (Bii) is made in a complaint or other document filed in a lawsuit or other proceeding, proceeding if such filing is made under seal so seal. Also, the DTSA further provides that it is not made public; and (ii) an individual who pursues files a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal, and does not disclose the trade secret, except as permitted by pursuant to court order. The foregoing will To the extent that the Participant is covered by Section 7 of the National Labor Relations Act (NLRA) because the Participant is not in a supervisor or management role, nothing in this Agreement shall be construed to inviteprohibit the Participant from using information the Participant acquires regarding the wages, permitbenefits, or limit liability for otherwise illegal activity such a breaking other terms and entering, illegal computer access (hacking) or theft conditions of employment at the Company property.for any purpose protected under the NLRA. [Signatures to appear on following page]
Appears in 3 contracts
Sources: Performance Unit Award Agreement (Berkley W R Corp), Performance Unit Award Agreement (Berkley W R Corp), Performance Unit Award Agreement (Berkley W R Corp)