Protected Conduct. Nothing in this Agreement prohibits the Participant from reporting an event that the Participant reasonably and in good faith believes is a violation of law to the relevant law-enforcement agency (such as the Securities and Exchange Commission or Department of Labor), requires notice to or approval from the Company before doing so, or prohibits the Participant from cooperating in an investigation conducted by such a government agency. This may include a disclosure of trade secret information provided that it must comply with the restrictions in the Defend Trade Secrets Act of 2016 (DTSA). The DTSA provides that no individual will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret that: (i) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (ii) is made in a complaint or other document if such filing is under seal so that it is not made public. Also, the DTSA further provides that 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. 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 prohibit the Participant from using information the Participant acquires regarding the wages, benefits, or other terms and conditions of employment at the Company for any purpose protected under the NLRA. [Signatures to appear on following page]
Appears in 2 contracts
Sources: Performance Unit Award Agreement (Berkley W R Corp), Performance Unit Award Agreement (Berkley W R Corp)
Protected Conduct. Nothing in this Agreement prohibits the Participant Grantee from reporting an event that the Participant Grantee reasonably and in good faith believes is a violation of law to the relevant law-enforcement agency (such as the Securities and Exchange Commission or Department of Labor), requires notice to or approval from the Company before doing so, or prohibits the Participant Grantee from cooperating in an investigation conducted by such a government agency. This may include a disclosure of trade secret information provided that it must comply with the restrictions in the Defend Trade Secrets Act of 2016 (DTSA). The DTSA provides that no individual will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret that: (i) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (ii) is made in a complaint or other document if such filing is under seal so that it is not made public. Also, the DTSA further provides that 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. To the extent that the Participant Grantee is covered by Section 7 of the National Labor Relations Act (NLRA) because the Participant Grantee is not in a supervisor or management role, nothing in this Agreement shall be construed to prohibit the Participant Grantee from using information the Participant Grantee acquires regarding the wages, benefits, or other terms and conditions of employment at the Company for any purpose protected under the NLRA. [Signatures to appear on following page].
Appears in 2 contracts
Sources: Performance Based Restricted Stock Unit Agreement (Berkley W R Corp), Performance Based Restricted Stock Unit Agreement (Berkley W R Corp)
Protected Conduct. Nothing in this Agreement prohibits the Participant from reporting (a) with respect to an event that the Participant Grantee reasonably and in good faith believes at the time of reporting is a violation of law law, prohibits Grantee from reporting such event in confidence to the relevant law-enforcement agency (such as the Securities and Exchange Commission or Department of Labor), ) or requires notice to or approval from the Company before doing soreporting such event, or (b) prohibits the Participant Grantee from cooperating in an investigation conducted by such a government agency, or (c) prohibits Grantee from discussing or disclosing information about unlawful acts in the workplace as permitted under applicable law which Grantee reasonably and in good faith believes at the time of disclosure to be unlawful. This may include a disclosure of trade secret information provided Further, Grantee is hereby advised that it must comply with the restrictions in under the Defend Trade Secrets Act of 2016 (DTSA). The DTSA provides that , no individual 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: (i) 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, or (ii) 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 publicseal. Also, the DTSA further provides that 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, secret except as permitted by pursuant to court order. To the extent that the Participant Grantee is covered by Section 7 of the National Labor Relations Act (NLRA) because the Participant Grantee is not in a supervisor or management role, nothing in this Agreement shall be construed to prohibit the Participant Grantee from using information the Participant Grantee acquires regarding the wages, benefits, or other terms and conditions of employment at the Company or its Affiliates for any purpose protected under the NLRA. [Signatures to appear on following page].
Appears in 2 contracts
Sources: Restricted Stock Unit Agreement (Berkley W R Corp), Restricted Stock Unit Agreement (Berkley W R Corp)
Protected Conduct. Nothing in this Agreement (a) prohibits the Participant Grantee from reporting an event that the Participant Grantee reasonably and in good faith believes is a violation of law to the relevant law-enforcement agency (such as the Securities and Exchange Commission or Department of Labor), (b) requires notice to or approval from the Company before doing so, or (c) prohibits the Participant Grantee from cooperating in an investigation conducted by such a government agency. This may include a disclosure of trade secret information provided Further, Grantee is hereby advised that it must comply with the restrictions in under the Defend Trade Secrets Act of 2016 (DTSA). The DTSA provides that no DTSA),no individual 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: (i) 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, (ii) 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 publicseal. Also, the DTSA further provides that 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, secret except as permitted by pursuant to court order. To the extent that the Participant Grantee is covered by Section 7 of the National Labor Relations Act (NLRA) because the Participant Grantee is not in a supervisor or management role, nothing in this Agreement shall be construed to prohibit the Participant Grantee from using information the Participant Grantee acquires regarding the wages, benefits, or other terms and conditions of employment at the Company for any purpose protected under the NLRA. [Signatures to appear on following page].
Appears in 1 contract
Sources: Performance Based Restricted Stock Unit Agreement (Berkley W R Corp)
Protected Conduct. Nothing in this Agreement prohibits the Participant from reporting an event that the Participant reasonably and in good faith believes is a violation of law to the relevant law-enforcement agency (such as the Securities and Exchange Commission or Department of Labor), requires notice to or approval from the Company before doing so, or prohibits the Participant from cooperating in an investigation conducted by such a government agency. This may include a disclosure of trade secret information provided that it must comply with the restrictions in the Defend Trade Secrets Act of 2016 (DTSA). The DTSA provides that no individual will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret that: (i) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (ii) is made in a complaint or other document if such filing is under seal so that it is not made public. Also, the DTSA further provides that 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. 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 prohibit the Participant from using information the Participant acquires regarding the wages, benefits, or other terms and conditions of employment at the Company for any purpose protected under the NLRA. [Signatures to appear on following page].
Appears in 1 contract
Sources: Performance Unit Award Agreement (Berkley W R Corp)
Protected Conduct. Nothing in this Agreement prohibits the Participant me from reporting an event conduct or events that the Participant I reasonably and in good faith believes believe is a violation of law to the a relevant law-enforcement agency (such as the Securities and Exchange Commission with or Department of Labor), requires without advance notice to the Company) or approval from opposing such conduct or events, or obligates me to inform the Company before doing soor after making such a report, or prohibits the Participant me from cooperating in an investigation conducted by such a government agency, or otherwise prohibits conduct specifically protected by law (“Protected Conduct”). This may include a disclosure of trade secret information provided that it must comply complies with the restrictions in the Defend Trade Secrets Act of 2016 (“DTSA”). The DTSA provides that no individual will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret that: (i) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public. Also, the The DTSA further also provides that an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the a trade secret to the attorney of the individual and use the trade secret information in the court proceeding, proceeding if the individual files any document containing the trade secret secrets under seal, seal and does not disclose the trade secret, secrets except as permitted by court order. To the extent I further acknowledge 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 prohibit the Participant prohibits me from using information the Participant acquires acquired through lawful means regarding the wages, benefits, or other terms and conditions of employment of individuals employed at the Company for any purpose protected under the National Labor Relations Act (NLRA) (such as the right of employees to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection), unless the information is entrusted to me in confidence by the Company as part of my job duties or I am employed in a supervisor or management level position. [Signatures This Section shall not be construed to appear on following page]invite, permit, or limit liability for, otherwise illegal activity such as breaking and entering, illegal computer access (hacking) or theft of the Company property.
Appears in 1 contract
Sources: Employment Agreement