Common use of Confidentiality; Non-Disparagement Clause in Contracts

Confidentiality; Non-Disparagement. The Parties agree that any non-public facts or circumstances concerning this Action, the Philadelphia Claims, and the terms and conditions of this Settlement Agreement shall be kept strictly confidential among the Parties and their counsel, except as provided in paragraph 4.3, and are not to be revealed to any other person or entity, except as may be necessary to comply with applicable law, including Rule 5.6(b) of the ABA’s Model Rules of Professional Conduct and any similar rules that may apply to counsel, and to implement this Settlement Agreement. Subject to paragraph 4.3, supra, no Party will make any press release or other form of public announcement regarding the Settlement other than what the Court orders in connection with class notice. The Parties further agree that they will keep confidential their dealings and opinions about each other with respect to the Action and the Settlement thereof, and that they will not make any disparaging statements about the other with respect to the Action and the Settlement thereof, or imply that any Party prevailed over any other Party in connection with the claims which are the subject of this Agreement. The Parties and their counsel reserve the right to speak or write publicly about the Settlement in the context of developments in the law, but in doing so counsel shall refrain from speaking negatively about the Parties and in doing so will not otherwise address the merits of the Action. The Parties further agree this paragraph is an essential and material term of this Agreement and, without it, no Settlement would have been reached.

Confidentiality; Non-Disparagement. The Parties agree that any non-non- public facts or circumstances concerning this Action, the Philadelphia Claims, Action and the terms and conditions of this Settlement Agreement shall be kept strictly confidential among the Parties and their counsel, except as provided in paragraph Section 4.3, and are not to be revealed to any other person or entity, except as may be necessary to comply with applicable law, including Rule 5.6(b) of the ABA’s Model Rules of Professional Conduct and any similar rules that may apply to counsel, and to implement this Settlement Agreement. Subject to paragraph 4.3Section 4, supra, no Party will make any press release or other form of public announcement regarding the Settlement other than what the Court orders in connection with class noticeNotice. The Parties further agree that they will keep confidential their dealings and opinions about each other with respect to the Action and the Settlement thereof, and that they will not make any disparaging statements about the other with respect to the Action and the Settlement thereof, or imply state outside of proceedings in the Action that any Party prevailed over any other Party in connection with the claims which are the subject of this Agreement. The Parties and their counsel reserve the right to speak or write publicly about the Settlement in the context of developments in the law, but in doing so counsel shall refrain from speaking negatively about the Parties and in doing so will not otherwise address the merits of the Action. The Parties further agree this paragraph is an essential and material term of this Agreement and, without it, no Settlement would have been reached.