Litigation, Non-Disclosure Provision

Executive agrees that, during the employment term, for one year thereafter and, if longer, during the pendency of any litigation or other proceeding, (x) executive shall not communicate with anyone (other than executive’s own attorneys and tax advisers), except to the extent necessary in the performance of executive’s duties under this agreement, with respect to the facts or subject matter of any pending or potential litigation, or regulatory or administrative proceedings involving company or any of companies affiliated companies, other then any litigation or other proceeding in which executive is a party in opposition, without giving prior notice to company or its counsel; and (y) in the event that any other party attempts to obtain information or documents from executive with respect to such matters, either through formal legal process such as a subpoena or by informal means such as interviews, executive shall probably notify company or its counsel before providing any information or documents.

Government communications carve-out. Nothing in this provision requires prior notice to, or approval from, the Company or its counsel before communicating or filing a charge or complaint with the Securities and Exchange Commission, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Department of Labor, or any other federal, state, or local government agency, or restricts the executive's right to receive an award for information provided to any such agency.