Document wDVVqMqxg49naoj58EMV2M3xE

Document 12 - Attachment 1 EXECUTIVE OFFICE OF THE PRESIDENT NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT I, -:TorArc{) ~~\\, Chv:is.\nt on 'understand that during the course ofmy engagement with the White House (hereinafter "Engagement"), I may be given access to information on a privileged and/or confidential basis, as described below, that is highly sensitive or non-public. Accordingly, in relation to my Engagement, I acknowledge and agree as follows: I will protect from release or disclosure, inadvertent or intentional, any and all Confidential Information, defined below, furnished to me by the White House, or other Confidential Information about which I may become aware during the course of my Engagement. I acknowledge that I am specifically prohibited from publishing, reproducing, or otherwise divulging any suc::i Confidential Information to any unauthorized person or entity in whole or in part unless and until such Confidential Information is made public by the White House. If I receive a request for Confidential Information, I shall not provide any such Confidential Information in response to the request, and shall immediately notify the White House of the request in the manner outlined in Section 8 below. I understand that violations of this Non-Disclosure and Confidentiality Agreement ('"Agreement") may subject me to civil or criminal penalties. 1. Defined Terms. For purposes ofthis Agreement, the terms below shall have the following meamngs: a. "Confidential Information" shall include all information obtained by me, whether directly or indirectly, whether marked as confidential or not, and whether furnished simultaneously with or after the delivery of this Agreement, from any source, at any location or through any medium, at any time and in any form (whether tangible, intangible, visual, electronic, or otherwise), concerning the plans, strategies, announcements, methodologies, analyses, studies, interpretations, deliberations, data, research, and policies of the White House, which is not generally known to the public, including, b.1t not limited to, unannounced or proposed policy initiatives, executive actions, foreign or domestic programs, or legislation, as well as the existence and terms of this Agreement. "Confidential Information" shall also include any corresponding memoranda, fact sheets, talking points, messaging documents, FAQs, images, videos, graphics, charts, diagrams, or other materials provided to me by the White House. "Confidential Information" does not include (i) information that becomes generally available to the public, other than as a result ofan unauthorized disclosure by me, such as through a press conference, press release, statement, interview, social media post, or other form of public announcement or public dissemination made by the White House; or (ii) any inf01mation or materials explicitly approved for public release by the White House in accordance with any terms and conditions ofrelease that may be established by the White House in its sole discretion. Provided, however, any information pertaining to the White House's internal decision-making, processes, discussions, consultations, or other nonpublic deliberations shall at all times :,e considered Confidential Information. All Confidential Information shall remain the property of the White House, and I understand that no license or intellectual property rights are granted to me by this Agreement or any disclosure of Confidential Information. Page 1 of4 Sierra Club v. Dept of Energy, 4:25-cv-5027 SC_EVERSPLIT0019647 b. "The White House" shall include, and not be limited to, the Executive Office of the President and other government agencies, their staff, employees, contractors, interns, representatives, and foreign and domestic visitors with whom I may interact during the course ofmy Engagement. 2. Confidentialitv and Non-Disclosure Obligations. During the term of my Engagement and at all times thereafter, I shall (i) keep confidential and exercise reasonable care to safeguard all Confidential Information and (ii) not, directly or indirectly, engage in any of the following prohibited activities (collectively, the "Prohibited Activities"), unless granted approval in writing from the White House Counsel's Office: a. Non-Disclosure. I shall not disclose, cause to be disclosed, or assist others in disclosing Confidential Information to any person or entity whatsoever, including but not limited to any third parties, employees, colleagues, friends, family members, public officials, journalists, media organizations, newspapers, magazines, tabloids, television programs, radio programs, blogs, social media platforms (e.g., Facebook, Instagram, Twitter), internet websites, publishers, or databases. This obligation will cease if the Confidential Information is made public by the White House. b. No Participation in Books or Articles. I shall not give, participate in, or otherwise assist in any interviews, or write, or be a source for, any articles, books, programs, or stories in any form (whether tangible, intangible, visual, electronic or otherwise), about, concerning, or relating to any Confidential Information, whether "on the record" or "offthe record." This Section and all other Sections of this Agreement include being considered an "anonymous source" or "speaking on background." c. No Photography or Recordings. I shall not take, create, or retain any photographs, movies, sketches, videos, sound or image recordings, or otherwise capture any depictions or likenesses of any member of the First Family or ofany Confidential Information in relation to my Engagement unless directed by the White House. Should I become aware of any such photographs or recordings in violation of this Section, I will immediately inform the White House and agree to transfer, delete, or destroy all such copies as requested by the White House. d. No Use ofName or Likeness. I shall not use in any manner the name, likeness, image, or identity of any member of the First Family, the White House, or the White House staff to promote, advertise, or market any services or products of any kind. Upon my discovery of any Prohibited Activity or unauthorized disclosure ofConfidential Information, I will immediately notify the White House Counsel's Office (but in no event later than 24 hours after such discovery). I will reasonably cooperate with the White House to regain possession ofthe Confidential Information or prevent further unauthorized use or disclosure. 3. No Prior Prohibited Activities. By signing this Agreement, I hereby warrant and represent that prior to entering into this Agreement, I have not engaged in any Prohibited Activities. 4. Whistleblower Protection Enhancement Act Notification. These provisions are consistent Page 2 of4 Sierra Club v. Dept of Energy, 4:25-cv-5027 SC_EVERSPLIT0019648 with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and controlling. 5. Other Agreements. a. This Agreement shall coexist and remain in full force and effect contemporaneously with (and in isolation of) any and all confidentiality provisions in any previous or existing agreement between me and the White House, any member of the First Family, or any affiliate thereof. Notwithstanding the foregoing, in the event of any conflict between the provisions of this Agreement and any other such agreement(s), the terms of this Agreement sm.11 prevail. b. This provision is subject to any Classified Information Non-Disclosure Forms, such as the Standard Form 312 or the Intelligence Community Form 4414, as those nondisclosure agreements shall take precedence. 6. Return of Confidential Information. At the conclusion ofmy Engagement, I agree to return to my White House point of contact all Confidential Information in my possession, custody or control regardless of its form (whether tangible, intangible, visual, electronic or o:herwise) and including any copies or reproductions thereof, that was not made public by the White House. 7. Survival. My obligations under this Agreement shall survive the expiration, conclusion, or termination ofmy Engagement. 8. Disclosures. In the event I am required by law to disclose Confidential Information, prior to making any such disclosure, so that a protective order or other appropriate remedy may be sought to safeguard, restrict, or limit the disclosure ofsuch Confidential Information, I shall ir:unediately provide written notice to: The White House 1600 Pennsylvania Ave., NW Washington, DC 20502 Attn: White House Counsel' s Office 9. Term. The term of this Agreement shall begin at the date of signature and shall expire five (5) years after the conclusion ofthe Administration or until any Confidential Informc.tion in my possession, custody, or control is made public by the White House. I0. Miscellaneous. This Agreement constitutes the entire agreement pertaining to its subject matter, and there are no terms other than those it contains. No supplement, modification, waiver, or termination of this Agreement shall be deemed valid unless executed in writing. If any provision or portion thereof is invalid or unenforceable, the remainder will continue to be valid and performed, construed, and enforced to the fullest possible extent permitted by law. This Agreement is governed by, interpreted and enforced in accordance with the laws of the United States. Page3 of4 Sierra Club v. Dept of Energy, 4:25-cv-5027 SC_EVERSPLIT0019649 I AM ENTERING INTO THIS NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT FREELY AND VOLUNTARILY, AND EITHER CONSULTED WITH LEGAL COUNSEL BEFORE SIGNING IT OR HAD THE OPPORTUNITY TO DO SO BUT DECIDED NOT TO. THIS NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT MAY BE EXECUTED BY ELECTRONIC OR SCANNED PDF SIGNATURE OR OTHER COPY WHICH SHALL BE DEEMED AN ORIGINAL. BY SIGNING BELOW, I UNDERSTAND AND AGREE THAT THIS CONFIDENTIALITY AGREEMENT CREATES A VALID AND BINDING LEGAL OBLIGATION ON ME. UNDERSTOOD, ACCEPTED, AND AGREED. gnature Date Page 4 of4 Sierra Club v. Dept of Energy, 4:25-cv-5027 SC_EVERSPLIT0019650