Common use of Mutual Non-Disparagement Clause in Contracts

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 126, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives. For purposes of this Section 13, the Starboard Nominees shall not be deemed to be an agent, affiliate, officer, key employee or director of the Company or Starboard and no actions taken by any agent or other representative of a Party in any capacity other than as a representative of such Party shall be covered by this Agreement.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties' subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s Parties' subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable lawlaw or legal process, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, managers, officers, key employees or directors shall have breached this Section 1215, neither it nor any of its respective agents, subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, managers, officers, key employees or directors shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander any of the other Party Parties or any of such other Party’s Parties’ subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, managers, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), or directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of any such other PartyParties, any of their businesses, products or services or any of their subsidiaries, affiliatesAffiliates, successors, assigns, partners, members, managers, officers (or former officers), or directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the Company, on the one hand, or the FrontFour Group, on the other Party hand, or any of its such Party’s agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 1214, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall in any way publicly criticize, disparage, call into disrepute disrepute, defame, slander or otherwise defame or slander criticize the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliatesAffiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, affiliatesAffiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would may reasonably be expected to damage the business or reputation of such other Party or such Party, their businesses, ’s products or services services, or their damage the business or reputation of its subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives. Nothing in this Agreement shall prohibit Dolphin from communicating with Dolphin III’s limited partners and agents with respect to public information concerning the Company.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during until the Standstill PeriodTermination Date, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliatescontrolled Affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 1215, neither it nor any of its respective agents, subsidiaries, affiliatescontrolled Affiliates, successors, assigns, partners, members, officers, key employees or directors shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with at any time following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, employees or any of their its businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their its businesses, products or services or their subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), ) or employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill PeriodPeriod or, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall directors, will in any way publicly criticize, disparage, call into disrepute disrepute, defame, slander or otherwise defame or slander criticize the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, principals, partners, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or or, if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives. This Section 12 shall not limit the ability of any director of the Company to act in accordance with his or her fiduciary duties or otherwise in accordance with applicable law.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliatesAffiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, affiliatesAffiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute or otherwise disrepute, defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would may reasonably be expected to damage the business or reputation of such other Party or such Party, their businesses, ’s products or services services, or their damage the business or reputation of its subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives. Nothing in this Agreement shall prohibit Xxxxxxx from communicating with Xxxxxxx Discovery’s limited partners and agents with respect to public information concerning the Company.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives. This Section shall not limit the ability of any director of the Company to act in accordance with his or her fiduciary duties or otherwise in accordance with applicable law.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliatesAffiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, affiliatesAffiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries subsidiary who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would may reasonably be expected to damage the business or reputation of such other Party or such Party, their businesses, ’s products or services services, or their damage the business or reputation of its subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives. Nothing in this Agreement shall prohibit Dolphin from communicating with Dolphin III’s limited partners and agents or, subject to the terms of Section 2, with officers and directors of the Company, with respect to public information concerning the Company.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall will have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall directors, will in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s its subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s its subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 129, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s Parties’ subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives. This Section 12 shall not limit the ability of any director of the Company to act in accordance with his or her fiduciary duties or otherwise in accordance with applicable law.

Mutual Non-Disparagement. Subject to applicable lawlaw or the requirements of any legal proceeding, each of the Parties covenants and agrees that, that during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliatesAffiliates, successors, assigns, officersofficers or directors, key employees or directors shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliatesAffiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with at any time following the execution of this Agreement), employees, shareholdersadvisors or managers (including, in the case of Cove, New York City Advisors, LLC and AR Global Investments LLC), stockholders, agents, attorneys or representativesrepresentatives (in each of the foregoing cases, in their capacity as such), or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products its businesses or services or their its subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersadvisors, managers, stockholders, agents, attorneys or representativesrepresentatives (in each of the foregoing cases, in their capacity as such).

Mutual Non-Disparagement. Subject to applicable Except as required by law, each of the Parties Party covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have has breached this Section 125, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall will in any way publicly criticize, disparage, call into disrepute disrepute, defame, slander or otherwise defame or slander criticize the other Party or such the other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution effective date of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution effective date of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives. Notwithstanding the foregoing, nothing shall prevent the making of any factual statement in any compelled testimony or production of information, whether by legal process, subpoena or as part of a response to a request for information from any governmental authority with jurisdiction over the Party from whom information is sought, or to defend against any legal claim from an independent claimant adverse to a Party.

Mutual Non-Disparagement. Subject to applicable Except as required by law, each of the Parties Party covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees employees, directors, attorneys or directors shall have representatives has in any material respect breached this Section 12Agreement or violated any of his duties as a director of the Company, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees employees, directors, attorneys or directors shall representatives will in any way publicly criticize, disparage, call into disrepute disrepute, defame, slander or otherwise defame or slander criticize the other Party or such the other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this AgreementEffective Date), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution of this AgreementEffective Date), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage in any material respect the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable Except as required by law, each of the Parties Party covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have has breached this Section 126, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall will in any way publicly criticize, disparage, call into disrepute disrepute, defame, slander or otherwise defame or slander criticize the other Party or such the other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this AgreementEffective Date), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution of this AgreementEffective Date), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliatesAffiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliatesAffiliates, successors, assigns, officers, key employees or directors shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliatesAffiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, controlled affiliates, successors, assigns, partners, members, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, partners, members, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12Section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party parties or such other Party’s parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party party or a Partyparty’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current officer or director of a Party party or a Partyparty’s subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Partyparties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party’s subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with at any time following the execution of this Agreement), employees, shareholdersstockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, shareholdersstockholders, agents, attorneys or representatives. For purposes of this Section 12, no actions taken by any director, agent or other representative of a Party in any capacity other than on behalf of, and at the direction of, such Party will be covered by this Agreement.

Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this Section 12, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors directors, shall in any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party’s Parties’ subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party’s subsidiaries who no longer serves in such capacity following the execution of this Agreement), or directors (including any current officer or director of a Party or a Party’s subsidiaries who no longer serves in such capacity in connection with following the execution of this Agreement), employees, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other PartyParties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), or directors (or former directors). For purposes of this Section 12, employeesno actions taken by any director, shareholdersagent, agentsaffiliate, attorneys officers or representativeskey employee or other representative of a Party in any capacity other than as a representative of, and at the direction of, such Party will be covered by this Agreement.