Negative Statements. Neither party to this Agreement shall make any intentionally false, negatively misleading or intentionally misleading remarks of any kind or nature regarding the products or services of the other party to its current or potential customers, the press, resellers, suppliers or any other third party ("Negative Remarks"), and each party to this Agreement shall expressly inform its employees, contractors, and resellers of such prohibition. A violation of this section shall be immediately reported to the President of each of the parties, and such individuals shall take mutually agreed remedial measures to prevent future occurrences of Negative Remarks. Notwithstanding the remedial efforts undertaken by either party to prevent such Negative Remarks, the parties agree that the repeated violation of this Section by either party shall be deemed to be a material breach of this Agreement.
Appears in 5 contracts
Samples: Oem and License Agreement (McData Corp), Oem and License Agreement (Brocade Communications Systems Inc), Oem and License Agreement (McData Corp)