Except as otherwise prohibited or authorized by law, EMPLOYEE agrees that he will not publicize or disclose the terms of this Agreement to the public generally except that EMPLOYEE may disclose the terms of this Agreement to his spouse, attorneys and/or tax advisors, provided they agree to equally be bound by this confidentiality provision. COMPANY and EMPLOYEE agree that it shall not be a breach of this Agreement if disclosure of any information covered by this paragraph has been compelled through the issuance of compulsory legal process, provided, however, that in such case, EMPLOYEE agrees to give COMPANY reasonable notice of the order or subpoena in question and an opportunity to challenge the disclosure of any such information before the appropriate court or agency. All costs and fees shall be borne by the party seeking to challenge the disclosure of the terms of the Agreement. EMPLOYEE agrees to give such notice to COMPANY, in writing, to the VP, HR at the address provided in Paragraph 5(c) above. It shall not be a breach of this paragraph to disclose the terms of this Agreement in a suit to enforce the terms of this Agreement or defend a claim that this Agreement has been breached. EMPLOYEE acknowledges, understands, and agrees that this confidentiality provision is a material term of this Agreement. Nothing herein shall restrict the COMPANY’S ability to disclose the terms of this Agreement in order to comply with applicable law, including its securities filings.