Common use of Whistleblower Protections and Trade Secrets Clause in Contracts

Whistleblower Protections and Trade Secrets. Nothing in this Non-Interference Agreement shall prevent me from (a) 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 U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, the U.S. Department of Justice, the U.S. Equal Employment Opportunity Commission, or the U.S. National Labor Relations Board, without notifying or seeking permission from the Company, (b) exercising any rights I may have under Section 7 of the U.S. National Labor Relations Act or (c) discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination based on a protected characteristic or any other conduct that I have reason to believe is unlawful. Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Non-Interference Agreement: (i) I shall not be in breach of this Non-Interference Agreement, and shall not be held criminally or civilly liable under any federal or state trade secret law (A) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (B) for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; and (ii) if I file a lawsuit for retaliation by the Company for reporting a suspected violation of law, I may disclose the trade secret to my attorney, and may use the trade secret information in the court proceeding, if I file any document containing the trade secret under seal, and do not disclose the trade secret, except pursuant to court order.

Appears in 1 contract

Sources: Employment Agreement (Custom Truck One Source, Inc.)

Whistleblower Protections and Trade Secrets. Nothing Notwithstanding anything to the contrary contained herein, nothing in this Non-Interference Agreement shall prevent me prohibits Executive from (a) communicating directly with, cooperating with, reporting possible violations of federal law or providing information to, regulation to any United States governmental agency or receiving financial awards from, any federal, state or local government agency, including, without limitation, entity in accordance with the U.S. Securities provisions of and Exchange Commission, the U.S. Commodity Futures Trading Commission, the U.S. Department of Justice, the U.S. Equal Employment Opportunity Commission, or the U.S. National Labor Relations Board, without notifying or seeking permission from the Company, (b) exercising any rights I may have rules promulgated under Section 7 21F of the U.S. National Labor Relations Securities Exchange Act of 1934 or (c) discussing or disclosing information about unlawful acts in Section 806 of the workplaceS▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, such as harassment or discrimination based on a protected characteristic or any other conduct whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). In connection with any such activity, Executive must identify any information that I have reason is confidential and ask the regulator for confidential treatment of any information shared with any such government agency. Despite the foregoing, Executive is not permitted to believe reveal to any third party, including any governmental, law enforcement, or regulatory authority, information that is unlawfulprotected from disclosure by any applicable privilege, including but not limited to the attorney-client 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. Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Non-Interference Agreement: (i) I Executive shall not be in breach of this Non-Interference Agreement, and shall not be held criminally or civilly liable under any federal or state trade secret law (A) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (B) for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; and (ii) if I file Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, I Executive may disclose the trade secret to my Executive’s attorney, and may use the trade secret information in the court proceedingproceedings, if I file Executive files any document containing the trade secret under seal, and do does not disclose the trade secret, except pursuant to such court order.

Appears in 1 contract

Sources: Executive Employment Agreement (FTE Networks, Inc.)