Common use of Non-Defamation Clause in Contracts

Non-Defamation. (a) You agree that you will not, directly or indirectly, make or ratify any defamatory comments or remarks as defined by law, in writing, orally or electronically, about the Company, the Partnership and any and all of their respective direct or indirect parent, subsidiary, related and/or affiliated companies, divisions or entities (together, the “Company Group”) and their respective boards of directors/managers, executive officers, products and services. This restriction is subject to and limited by your Retained Rights in Paragraph 5 and by the provisions in Section 8(d) of the Employment Agreement, which provisions shall apply equally to this Release. (b) The Company’s and the Partnership’s respective board of directors/managers and executive officers will not, directly or indirectly, make or ratify any defamatory comments or remarks as defined by law, in writing, orally or electronically, about you. (c) The restrictions in subparagraphs (a) and (b) of this Paragraph 8 are not intended to nor shall be interpreted to restrict or otherwise interfere with any person’s: (i) obligation and entitlement to testify truthfully in any forum; (ii) right and/or obligation to contact, cooperate with, provide information to, file a charge or other action with, or otherwise participate in any litigation and/or or other legal proceeding, including of, any government agency, commission or entity (including, but not limited, to the EEOC and the SEC), or (iii) right to disclose any information or produce any documents as is required by law or legal process.

Non-Defamation. (a) You agree that you will not, directly or indirectly, make or ratify any defamatory comments or remarks as defined by law, in writing, orally or electronically, about the Company, the Partnership and any and all of their respective direct or indirect parent, subsidiary, related and/or affiliated companies, divisions or entities (together, the “Company Group”) and their respective boards of directors/managers, executive officers, products and services. This restriction is subject to and limited by your Retained Rights in Paragraph 5 and by the provisions in Section 8(d) of the Employment Agreement, which provisions shall apply equally to this Release. (b) The Company’s and the Partnership’s respective board of directors/managers and executive officers will not, directly or indirectly, make or ratify any defamatory comments or remarks as defined by law, in writing, orally or electronically, about you. (c) The restrictions in subparagraphs (a) and (b) of this Paragraph 8 are not intended to nor shall be interpreted to restrict or otherwise interfere with any person’s: (i) obligation and entitlement to testify truthfully in any forum; forum; (ii) right and/or obligation to contact, cooperate with, provide information to, file a charge or other action with, or otherwise participate in any litigation and/or or other legal proceeding, including of, any government agency, commission or entity (including, but not limited, to the EEOC and the SEC), or (iii) right to disclose any information or produce any documents as is required by law or legal process.

Non-Defamation. (a) You agree that you will not, directly or indirectly, make or ratify any defamatory comments or remarks as defined by law, in writing, orally or electronically, about the Company, the Partnership and Company or any and all of their respective direct or indirect parent, subsidiary, related and/or affiliated companies, divisions or entities other Releasee (together, the “Company Group”as defined in Paragraph 4 above) and their respective boards of directors/managers, executive officers, products and services. This restriction is subject to and limited by your Retained Rights in Paragraph 5 and by the provisions in Section 8(d) of the Employment Agreement, which provisions shall apply equally to this Release6. (b) The Company’s Board of Directors, Chief Financial Officer and the Partnership’s respective board of directors/managers General Counsel, Chief Legal Officer and executive officers Secretary, will not, directly or indirectly, make or ratify any defamatory comments or remarks as defined by law, in writing, orally or electronically, about you. (c) The restrictions in subparagraphs (a) and (b) of this Paragraph 8 9 are not intended to nor shall be interpreted to restrict or otherwise interfere with any person’s: the Company’s Board of Directors’, Chief Financial Officer’s and General Counsel, Chief Legal Officer and Secretary’s (individual and/or collective): (i) obligation and entitlement to testify truthfully in any forum; forum; (ii) right and/or obligation to contact, cooperate with, provide information to, file a charge or other action with, or otherwise participate in any litigation and/or or other legal proceeding, including of, any government agency, commission or entity (including, but not limited, to the EEOC and the SEC), or (iii) right to disclose any information or produce any documents as is required by law or legal process, including, with respect to all of the foregoing subsections (i) through (iii), in connection with any existing, pending and/or potential securities and/or derivative or other similar litigation and/or other legal proceedings, and/or with respect to any underlying and/or related facts or information related thereto,.

Non-Defamation. (a) You agree that you will not, directly or indirectly, make or ratify any defamatory comments or remarks as defined by law, in writing, orally or electronically, about the Company, the Partnership and Company or any and all of their respective direct or indirect parent, subsidiary, related and/or affiliated companies, divisions or entities other Releasee (together, the “Company Group”as defined in Paragraph 3 above) and their respective boards of directors/managers, executive officers, products and services. This restriction is subject to and limited by your Retained Rights in Paragraph 5 and by the provisions in Section 8(d) of the Employment Agreement, which provisions shall apply equally to this Release5. (b) The Company’s Board and the Partnership’s respective board of directors/managers and executive officers Chief Executive Officer will not, directly or indirectly, make or ratify any defamatory comments or remarks as defined by law, in writing, orally or electronically, about you. (c) The restrictions in subparagraphs (a) and (b) of this Paragraph 8 are not intended to nor shall be interpreted to restrict or otherwise interfere with any person’s: the Company’s Board’s and Chief Executive Officer’s (individual and/or collective): (i) obligation and entitlement to testify truthfully in any forum; (ii) right and/or obligation to contact, cooperate with, provide information to, file a charge or other action with, or otherwise participate in any litigation and/or or other legal proceeding, including of, any government agency, commission or entity (including, but not limited, to the EEOC and the SEC), ; or (iii) right to disclose any information or produce any documents as is required by law or legal process.