Executive acknowledges and agrees that the terms and provisions of this Agreement shall not be divulged or disclosed by Executive except as set forth herein. Executive further acknowledges and agrees that the Company may disclose the existence and terms of this Agreement, as well as the circumstances to which it relates, as required by applicable laws and regulations, including without limitation, rules and regulations of the U.S. Securities and Exchange Commission (the Company shall use its best efforts to provide Executive with advance copies of such disclosure, to the extent practicable). Notwithstanding the foregoing, nothing in this paragraph or its subparts shall prevent the following disclosures of this Agreement by Executive: (i) Executive may disclose the terms of this Agreement to his attorneys, immediate family members, and tax advisors, and (ii) Executive shall be permitted to disclose the terms of this Agreement as required by any court of competent jurisdiction or government agency. Other than the exceptions set forth in this Section, Executive agrees this Agreement shall not be voluntarily introduced as evidence in any proceeding or in any lawsuit unless required by law or court order or to enforce the terms of this Agreement. Executive covenants and agrees that this confidentiality agreement is contractual and its terms are material to this Agreement.