Common use of Agreement Not to Disparage Clause in Contracts

Agreement Not to Disparage. The Company shall not, and shall admonish its officers, directors, employees, agents and affiliates not to say or write anything derogatory about Executive and Executive shall not say or write anything derogatory about the Company, its subsidiaries or their respective officers, directors, employees, agents or affiliates. The parties agree that any violation or threatened violation of any of the provisions of this paragraph shall cause immediate and irreparable harm to the other party and, in such event, an injunction restraining the breaching party from such violation may be entered against such party in addition to any other relief available to the nonbreaching party. In addition to the remedies set forth in the immediately preceding sentence, in the event the Company files suit against the Executive alleging a breach of this covenant not to disparage, all Severance Payments otherwise payable pursuant to Section 2(b) hereof shall be held in abeyance by the Company pending a judicial determination of the allegations. If the court renders a finding that Executive has breached this covenant, Executive shall forfeit his right to such Severance Payments and the Company shall have no further obligation to make any Severance Payments to Executive.

Agreement Not to Disparage. The Company shall not, and shall admonish its officers, directors, employees, agents and affiliates not to say or write anything derogatory about Executive Employee and Executive Employee shall not say or write anything derogatory about the Company, its subsidiaries or their respective officers, directors, employees, agents or affiliates. The parties agree that any violation or threatened violation of any of the provisions of this paragraph shall cause immediate and irreparable harm to the other party and, in such event, an injunction restraining the breaching party from such violation may be entered against such party in addition to any other relief available to the nonbreaching party. In addition to the remedies set forth in the immediately preceding sentence, in the event the Company files suit against the Executive Employee alleging a breach of this covenant not to disparage, all Severance Payments otherwise payable pursuant to Section 2(b) hereof shall be held in abeyance by the Company pending a judicial determination of the allegations. If the court renders a finding that Executive Employee has breached this covenant, Executive Employee shall forfeit his right to such Severance Payments and the Company shall have no further obligation to make any Severance Payments to ExecutiveEmployee.

Agreement Not to Disparage. The Company shall not, and shall admonish its officers, directors, employees, agents and affiliates not to say or write anything derogatory about Executive Employee and Executive Employee shall not say or write anything derogatory about the Company, its subsidiaries or their respective officers, directors, employees, agents or affiliates. The parties agree that any violation or threatened violation of any of the provisions of this paragraph shall cause immediate and irreparable harm to the other party and, in such event, an injunction restraining the breaching party from such violation may be entered against such party in addition to any other relief available to the nonbreaching party. In addition to the remedies set forth in the immediately preceding sentence, in the event the Company files suit against the Executive Employee alleging a breach of this covenant not to disparage, all Severance Payments otherwise payable pursuant to Section 2(b) hereof shall be held in abeyance by the Company pending a judicial determination of the allegations. If the court renders a finding that Executive Employee has breached this covenant, Executive Employee shall forfeit his right to such Severance Payments and the Company shall have no further obligation to make any Severance Payments to ExecutiveEmployee.