Common use of Disparaging Remarks Clause in Contracts

Disparaging Remarks. From and after the date hereof, the Buyer shall not make any disparaging remarks or comments about or concerning the Seller and any of their respective assigns, officers, directors, shareholders, members, agents, servants, employees and attorneys and any other party or entity related in any way to them (collectively the "Seller Parties"), whether orally or in writing, and including any filing in any judicial or quasi-judicial proceeding. The Buyer specifically agrees not to (directly, indirectly or in concert with any third party) initiate or have any conversation or communication (orally or in writing) with any person or entity in any way in which Buyer shall make any disparaging remark or comment concerning any of the Seller Parties, including but not limited to comments concerning the quality of any of their products or their integrity as a contractor or builder. In the event of a breach of this paragraph of the Agreement by the Buyer, it is expressly agreed that any of the Seller Parties shall have the right to any and all of the following: (i) obtain injunctive relief under this Agreement and/or (ii) pursue a claim against the Buyer for monetary damages. For the purposes of this subparagraph (ii) each separate statement, comment or filing by the Buyer shall be deemed a separate and independent breach, distinct from any prior or later separate statement, comment or filing. The Buyer acknowledges that the execution of this Agreement is valid and sufficient consideration for the provisions of this paragraph and that the provisions of this paragraph shall be enforceable independently from each and every other provision herein contained. In any such arbitration, as described in Paragraph 14, commenced by any of the Seller Parties pursuant to this paragraph, the party not prevailing in such arbitration shall pay to the prevailing party reasonable attorney fees and costs of suit.