Non-Disparagement Provision

Executive agrees that, during the term of employment and for one year thereafter, executive shall not, in any communications with the press or other media or any customer, client or supplier of company, or any of company affiliates, criticize, ridicule or make any statement which disparages or is derogatory of company or its affiliates or any of their respective directors or senior officers. No directory senior officer of company will, during the same time period, criticize, ridicule or make any statement which disparages or is derogatory of executive.

Protected-rights carve-out. Nothing in this provision prohibits the executive from (i) providing truthful testimony or information in response to a subpoena, court order, or government investigation, (ii) filing a charge or communicating with the National Labor Relations Board, the Equal Employment Opportunity Commission, the Securities and Exchange Commission, or any other government agency, or (iii) engaging in concerted activity protected under the National Labor Relations Act, including discussing wages, hours, or other terms and conditions of employment.