Common use of Trade Secrets and Confidential Information/Company Property Clause in Contracts

Trade Secrets and Confidential Information/Company Property. Executive reaffirms and agrees to observe and abide by the terms of the Restricted Covenant Agreement, specifically including its provisions regarding nondisclosure of the Company’s trade secrets and confidential and proprietary information. Executive has returned all documents and other items provided to Executive by the Company (with the exception of a copy of the Employee Handbook and personnel documents specifically relating to Executive), developed or obtained by Executive in connection with Executive’s employment with the Company, or otherwise belonging to the Company. Notwithstanding anything herein to the contrary, under the federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) 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. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of 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 pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

Trade Secrets and Confidential Information/Company Property. Executive Employee reaffirms and agrees to observe and abide by the terms of the Restricted Covenant Confidentiality Agreement, specifically including its the provisions therein regarding nondisclosure of the Company’s trade secrets and confidential and proprietary information. Executive Employee’s signature below constitutes Employee’s certification under penalty of perjury that Employee has returned all documents and other items provided to Executive Employee by the Company (with the exception of a copy of the Employee Handbook and personnel documents specifically relating to ExecutiveEmployee), developed or obtained by Executive Employee in connection with ExecutiveEmployee’s employment with the Company, or otherwise belonging to the Company. Notwithstanding anything herein to the contrary, under the federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any federal Federal or state State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a federalFederal, stateState, or local government official, either directly or indirectly, or to an attorney; and (ii) 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. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of 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 pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

Trade Secrets and Confidential Information/Company Property. Executive Employee reaffirms and agrees to observe and abide by the terms of the Restricted Covenant Confidential Information and Invention Assignment Agreement Employee signed with the Company on February 15, 2013 (the “Confidentiality Agreement”), specifically including its the provisions therein regarding nondisclosure of the Company’s trade secrets and confidential and proprietary informationinformation and nonsolicitation of Company employees. Executive has returned Employee’s signature below constitutes Employee's certification under penalty of perjury that Employee will return all documents and other items provided to Executive Employee by the Company (with the exception of a copy of the Employee Handbook and personnel documents specifically relating to ExecutiveEmployee), developed or obtained by Executive Employee in connection with Executive’s Employee's employment with the Company, or otherwise belonging to the Company, by the Termination Date. Notwithstanding anything herein Pursuant to the contrary, under the federal Defend Trade Secrets Act of 2016, an individual Employee may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (Ai) is made (i) in confidence to a federal, state, or local government official, either official (directly or indirectly, ) or to an attorney; and (ii) attorney 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, if (and only if) such filing is made under seal. An In addition, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the individual’s 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 under seal and does not disclose the trade secret secret, except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.