Mutual Non-Disparagement Covenant. Executive agrees that he will not, at any time in the future, in any way disparage Company or its current and former officers, directors and employees, verbally or in writing, or make any statements to the press or to third parties that may be derogatory or detrimental to Company's good name or business reputation. Likewise, the officers and directors of Company will not, at any time in the future, make any derogatory or disparaging statements to any third parties about Executive, verbally or in writing. Nothing in the paragraph shall preclude either party from responding truthfully to inquiries made in connection with any legal or governmental proceeding pursuant to subpoena or other legal process.
Mutual Non-Disparagement Covenant. Executive agrees that she will not in any way disparage the Company or its current and former officers, directors and employees, verbally or in writing, or make any statements to the press or to third parties that may reasonably be derogatory or detrimental to the Company's good name or business reputation. Likewise, the Company shall not, and shall instruct its senior employees and agents not to, in any way disparage Executive, verbally or in writing, or make any statements to the press or to third parties that may reasonably be derogatory or detrimental to Executive's good name or business reputation. Each of the Directors agrees that he will not in any way disparage Executive, verbally or in writing, or make any statements to the press or to third parties that may reasonably be derogatory or detrimental to Executive's good name or business reputation. Nothing in this section shall preclude any party from responding truthfully to inquiries made in connection with any legal or governmental proceeding pursuant to subpoena or from making such other statements as may be required by applicable law.
Mutual Non-Disparagement Covenant. During the Employment Term and thereafter, the Executive shall not, directly or indirectly, take any action, or encourage others to take any action, to disparage or criticize the Company, its subsidiaries, or their employees, officers, directors, products, services, customers or owners. During the Employment Term and thereafter, the Company shall not, directly or indirectly, take any action, or encourage others to take any action, to disparage the Executive’s reputation. Nothing contained in this Section 7(e) shall preclude the Executive from enforcing his rights under this Agreement or prevent the Executive, the Company, or its employees, officers and directors, from truthfully testifying in response to legal process or a governmental inquiry. Initials: /
Mutual Non-Disparagement Covenant. Employee and the Company agree that they shall not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of, or are intended to disparage, discredit or injure, the other party, his or its reputation or, with respect to the Company, the products and services it offers or any of its partners, affiliates, successors, assigns, including any of its present or former officers, directors, partners, agents, or employees. For purposes of this Section 9, the "Company" shall be defined as the Company's Board of Directors and senior officers only. Employee further agrees that he will not make any statements or engage in any conduct that would in any manner harm the Company's reputation, relationships and goodwill with its customers, suppliers, employees and others having business dealings with the Company.
Mutual Non-Disparagement Covenant. You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of us, our products or services, and any of our present or former Team. We (limited to its officers and directors) agrees that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject matter. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party's violation of this covenant. The Parties agree that the liquidated damages in the amount of $5,000 per violation provided under this Contract are in lieu of actual damages and are the Parties' reasonable estimates of fair compensation for the Losses that may reasonably be incurred by each violation of this covenant.
Mutual Non-Disparagement Covenant. Executive shall not make any statements, whether written or oral, disparaging or denigrating the Company, including its current, former and future officers or directors. The Company shall instruct its executive officers and directors not to make any statements, whether written or oral, disparaging or denigrating Executive. This Section 5 does not, in any way, restrict or impede the Executive or the Company and its executive officers from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation or order or otherwise violate Section 4 of this Agreement. The Executive shall promptly provide written notice of any such order to the General Counsel of the Company. For the avoidance of doubt internal communications regarding Executive’s performance that are necessary to carry out the responsibilities of the Board of Directors and its committees shall not be a violation of this provision.
Mutual Non-Disparagement Covenant. You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of us, our products and/or services, and any of our present or former Team. We (limited to its officers and directors) agree that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject matter. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party's violation of this covenant. The Parties agree that the liquidated damages in the amount of Five Thousand U.S. Dollars ($5,000.00) per violation provided under this Contract are in lieu of actual damages and are the Parties' reasonable estimates of fair compensation for the losses that may reasonably be incurred by each violation of this covenant.
Mutual Non-Disparagement Covenant. Executive shall not make any statements, whether written or oral, disparaging or denigrating the Company, including its current, former and future officers, directors, employees, agents, representatives, attorneys, and shareholders. The Company shall instruct the members of its board of directors, its executive officers and its employees with the title of Senior Vice President or above, in each case who hold such positions as of the date of this Agreement, not to make any statements, whether written or oral, disparaging or denigrating Executive. Nothing contained herein shall apply to any truthful statement made pursuant to legal process. Furthermore, nothing contained herein shall preclude either party from engaging in fair competition and making comparative qualitative comments about the Company's products or services, or the products or services provided by Executive or a company employing Executive; provided that, in the case of Executive, (i) such activity and comments may not be made during the period in which the covenants referenced in Paragraph 8 of this Agreement remain in effect and (ii) Confidential Information is not utilized. This Paragraph 9 does not, in any way, restrict or impede the Executive from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation or order or otherwise violate Paragraph 8 of this Agreement. To the extent permitted by law and not contrary to any court or governmental orders or requests, the Executive shall promptly provide written notice of any such order to the General Counsel of the Company.
Mutual Non-Disparagement Covenant. The Parties agree not to directly, or indirectly through any authorized agent, representative, Affiliate or other Person, and the Company will use its reasonable best efforts to cause the “Key Employees” (as defined in the side letter between Xxxxxxx and the Company of even date herewith) and directors not to, make any statement or representation (whether oral, written or electronic) of any type (whether direct or indirect, implied or specific) to any Person that disparages in any material respect the other Party or the other Party’s officers, directors, employees or Affiliates, as the case may be. This includes, without limitation, communications with recruiters, bankers, investment bankers, investors, employees, lawyers, accountants, regulators, educational institutions, country clubs, and any other social organizations. Notwithstanding anything to the contrary in this Section 5, no statements made in connection with any judicial, administrative or other governmental proceedings or investigations, whether formal or informal, or any investigations at the direction of the Board of Directors of the Company, will be deemed to be in violation of this Section 5 if made in good faith and with an honest belief in the truthfulness of such statements.
Mutual Non-Disparagement Covenant. Executive agrees that he will not, at any time in the future, in any way disparage Company or its current and former officers, directors and employees, verbally or in writing, or make any statements to the press or to third parties that may be derogatory or detrimental to Company's good name or business reputation. Likewise, the officers and directors of Company will not, at any time in the future, make any derogatory or disparaging statements to any third parties about Executive, verbally or in writing. Nothing in the paragraph shall preclude either party from responding truthfully to inquiries made in connection with any legal or governmental proceeding pursuant to subpoena or other legal process. 12. Remedies for Breach of Non-Disparagement Covenants. Any violation of the Non-disparagement Covenants set forth in paragraph 11 above shall be a material breach of the Agreement. The parties acknowledge that in the event of such a violation, it will be impracticable or extremely difficult to calculate the resulting damages and, therefore, the parties agree that upon a breach by either party of the Non-disparagement Covenant set forth in paragraph 11 above, the breaching party shall pay to the other party as liquidated damages, and not as a penalty, the sum of $10,000 for each such breach and each repetition thereof. 13. Arbitration. Any and all controversies arising out of or relating to the validity, interpretation, enforceability, or performance of the Agreement will be solely and finally settled by means of binding arbitration. Any arbitration shall be conducted in accordance with the then-current Labor Arbitration (or other) Rules of the American Arbitration Association. The arbitration will be final, conclusive and binding upon the parties. All arbitrator's fees and related expenses shall be divided equally between the parties, unless otherwise provided in the Labor Arbitration Rules. The arbitration will be administered by the American Arbitration Association. 14. Non-Admission of Liability. By entering into the Agreement, neither party does admit, expressly or impliedly, that it has engaged in any wrongdoing whatsoever or has violated the other party's rights in any way. To the contrary, the parties expressly deny any such liability or wrongdoing. 15.
