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Executive acknowledges and agrees that the post-termination obligations set forth in the Restrictive Covenant Agreement, including without limitation Executive’s obligations relating to confidentiality, non-use and non-disclosure of Proprietary Information (as defined in the Restrictive Covenant Agreement), cooperation, and return of property, are hereby incorporated by reference and shall remain in full force and effect pursuant to their terms to the maximum extent permitted by applicable law. Executive represents and warrants that Executive has complied with all provisions of the Restrictive Covenant Agreement at all times through the Effective Date (as defined below). However, nothing in this Agreement prevents Executive from engaging in communications protected by the National Labor Relations Act or discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Executive has reason to believe is unlawful.

Executive acknowledgesExecutive’s continued compliance with the terms of the Proprietary Information Agreement (as modified in [Section 4(a)] above) and agrees that the post-terminationnoncompetition obligations set forth in [Section 4(b)] above (collectively, the Restrictive Covenants”) is a material condition to receipt of the severance payments and benefits set forth in [Section 1] of this Agreement. In the event Executive breaches any part of such Restrictive Covenant Agreement, including without limitation Executive’s obligations relatingCovenants, then, in addition to confidentiality, non-useany remedies and non-disclosure ofenforcement mechanisms set forth in the Proprietary Information (as defined inAgreement, the Restrictive Covenant Agreement)Employment Agreement and this Agreement, and any other remedies available to the Company (including equitable and injunctive remedies), cooperation, and return of property, are hereby incorporated by referenceExecutive shall forfeit any additional consideration owing and shall remain in full force and effect pursuantbe obligated to their termspromptly return to the maximum extent permitted by applicable law. Executive representsCompany or Parent (within two (2) business days of any breach) the full gross amount of all severance payments and warrants that Executive has complied with all provisions of the Restrictive Covenant Agreement at all times through the Effective Date (as defined below). However, nothing in this Agreement prevents Executive from engaging in communications protected by the National Labor Relations Act or discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Executive has reason to believe is unlawful.benefits provided.

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