Common use of Non-Disparagement; Non-Publicity Clause in Contracts

Non-Disparagement; Non-Publicity. i. Except as provided in Section 6(a)(ii), above, as otherwise approved in writing by the Board, or within the lawful and authorized scope of Executive’s employment, Executive agrees that, both during and after Executive’s employment with the Company, Executive will not, whether in private or in public, whether orally, in writing, or otherwise, whether directly or indirectly, (i) make, publish, encourage, ratify, or authorize; or aid, assist, or direct any other person or entity in making or publishing, any statements that in any way defame, criticize, malign, impugn, denigrate, reflect negatively on, or disparage any of the Company Parties, or place any of the Company Parties in a negative light, in any manner whatsoever; (ii) comment upon or discuss any of the Company Parties (whether disparagingly or otherwise) in, on, to, or through any Media; (iii) make any statement, posting, or other communication (including on or through any Media) that purports to be on behalf of any Company Party, or which a third party may perceive (A) has been authorized, approved, or endorsed by a Company Party, or (B) reflects the views of any Company Party; (iv) share, post, transmit, or upload any material related to any of the Company Parties with, to, through, or on any Media; (v) utilize any Company Party’s logos, graphics, trade names, or trademarks on any Media or for any other purpose; or (vi) aid, assist, or direct any other person or entity to do any of the foregoing. ii. The Company agrees that it will instruct its senior officers not to make any untruthful and disparaging statements regarding Executive, nor publicly, in writing or otherwise, directly or indirectly, make, publish or direct any other person or entity in making or publishing, any statements that in any way are untruthful and disparaging regarding Executive, provided, however, that this non-disparagement covenant shall not limit the Company’s ability to exercise any and all rights hereunder, comply with any disclosure or reporting obligations, assess the Executive’s employment and performance, or otherwise provide truthful information about Executive, Executive’s employment, and this Agreement, or the termination of any of the foregoing, and provided, further, that nothing herein shall prevent any Company employee from exercising any legally protected right.

Appears in 4 contracts

Samples: Executive Employment Agreement (Creek Road Miners, Inc.), Employment Agreement (Creek Road Miners, Inc.), Employment Agreement (Tellurian Inc. /De/)

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Non-Disparagement; Non-Publicity. i. Except as provided in Section 6(a)(ii), 4(a) above, as otherwise approved in writing by the Board, or within the lawful and authorized scope of Executive’s employment, Executive agrees that, both during and after Executive’s employment with the Companyemployment, Executive will not, whether in private or in public, whether orally, in writing, or otherwise, whether directly or indirectly, (i) make, publish, encourage, ratify, or authorize; , or aid, assist, or direct any other person or entity in making or publishing, any statements that whether in any way defamewritten, criticizeoral, malign, impugn, denigrate, reflect negatively ondigital, or disparage any other form: (i) any false or malicious statements, postings, or other communications about any of the Company Parties, or place (ii) any statements, postings, or other communications that defame or disparage any Company Entity’s products or services. Further, Executive agrees not to do any of the following except as within the performance of Executive’s lawful and authorized duties within the scope of Executive’s employment with the Company Parties in a negative light, in any manner whatsoever; (ii) comment upon or discuss any pursuant to the explicit written approval of the Board: (A) communicate with any member of the media concerning any Company Parties Party, (whether disparagingly or otherwise) in, on, to, or through any Media; (iiiB) make any statement, posting, or other communication (including on in, on, to, or through any media (whether print, television, radio, the internet, social media, or with or through any reporter, blogger, “app” (such as TikTok, Instagram, Snapchat, or the like) (collectively “Media”)) that purports to be on behalf of any Company Party, or which a third party may perceive otherwise includes any Confidential Information, (AC) has been authorized, approved, or endorsed by a Company Party, or (B) reflects the views of conduct any Company Party; (iv) share, post, transmit, or upload any material related to any of the Company Parties with, to, through, or business activity on any Media; , (vD) utilize provide any Company Party’s logos, graphics, trade namespromotional material to any person or entity, or trademarks on any Media or for any other purpose; or (viE) direct, aid, assistencourage, or direct assist any other person or entity to do any of the foregoing. ii; provided that nothing in this Section 4(h) shall be construed in a manner that would violate any law. The Company agrees that it will instruct its senior direct the Board and the Company’s officers not to, except as required by law or in accordance with carrying out such Board members’ and/or officers’ fiduciary duties or legal obligations to make any untruthful the Company, both during and disparaging statements regarding after Executive, nor publicly, in writing or otherwise, directly or indirectly’s employment, make, publish publish, ratify, or authorize, or aid, assist, or direct any other person or entity in making or publishing, any statements that whether in any way are untruthful and disparaging regarding Executivewritten, providedoral, however, that this non-disparagement covenant shall not limit the Company’s ability to exercise any and all rights hereunder, comply with any disclosure or reporting obligations, assess the Executive’s employment and performancedigital, or otherwise provide truthful information any other form (x) any false or malicious statements, postings, or other communications about Executive, Executive’s employmentor (y) any statements, and this Agreementpostings, or other communications (including through any Media) that defame or disparage Executive in his personal or professional capacity. Further, the termination of Company will not make any of the foregoing, and provided, further, public statement that contains any false or malicious statements about Executive; provided that nothing herein in this Section 4(h) shall prevent be construed in a manner that would violate any Company employee from exercising any legally protected rightlaw.

Appears in 2 contracts

Samples: Employment Agreement (Superior Energy Services Inc), Employment Agreement (Superior Energy Services Inc)

Non-Disparagement; Non-Publicity. i. Except as provided in Section 6(a)(ii), Paragraph 1 above, as otherwise approved in writing by the Board, or within the lawful and authorized scope of Executive’s employment, Executive Employee agrees that, both during and after Executive’s employment with the CompanyEmployees’ employment, Executive (a) Employee will not, whether in private or in public, whether orally, in writing, or otherwise, whether not directly or indirectly, (i) make, publish, encourage, ratify, or authorize; , or aid, assist, or direct any other person or entity in making or publishing, any statements that in any way defame, criticize, malign, impugn, denigrate, reflect negatively on, or disparage any of the Company PartiesParty, or place any of the Company Parties Party in a negative light, in any manner whatsoever; and (iib) absent the explicit written approval of an officer of the Company, Employee will not (i) comment upon or discuss any of the Company Parties (whether disparagingly or otherwise) in, on, to, or through on any MediaMedia (as defined below); (iiiii) make any statement, posting, or other communication (including on in, on, to or through any media (whether print, television, radio, the internet, social media, or with or through any reporter, blogger, “app” (such as Instagram, Snapchat, or the like), or otherwise, collectively “Media) that purports to be on behalf of any Company Party, or which a third party may perceive (A) has been authorized, approved, or endorsed by a Company Party, Party or (B) reflects the views of any Company Party; (iviii) share, post, transmit, or upload any material related to any of the Company Parties (regardless of whether such comments, statements, or material are disparaging) with, to, through, or on any Media; (iv) utilize Employee’s Company email account on any Media or for any other non-work purpose, (v) utilize any Company Party’s logoslogo, graphics, trade names, or trademarks on any Media or for any other purpose; (vi) provide any Company Party’s promotional material to any Media outlet; or (vivii) aid, assist, or direct any other person or entity to do any of the foregoing. ii. The Company agrees that it will instruct its senior officers not to make any untruthful and disparaging statements regarding Executive, nor publicly, Nothing contained in writing or otherwise, directly or indirectly, make, publish or direct any other person or entity in making or publishing, any statements that in any way are untruthful and disparaging regarding Executive, provided, however, that this non-disparagement covenant Paragraph 7 shall not limit the Company’s ability to exercise any and all (i) preclude Employee from enforcing his/her rights hereunder, comply with any disclosure or reporting obligations, assess the Executive’s employment and performance, or otherwise provide truthful information about Executive, Executive’s employment, and under this Agreement, (ii) restrict or the termination of any of the foregoing, and provided, further, that nothing herein shall prevent any Company employee impede Employee from exercising protected rights to the extent that such rights cannot be waived by agreement, (iii) restrict or impede Employee from complying with any legally protected rightapplicable 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 (iv) restrict or impede Employee from truthfully testifying in response to a legal process or governmental inquiry.

Appears in 2 contracts

Samples: Confidentiality Agreement (Weatherford International PLC), Confidentiality Agreement (Weatherford International PLC)

Non-Disparagement; Non-Publicity. i. Except as provided in Section 6(a)(ii), above, as otherwise approved in writing by 1.6 of the Board, or within the lawful Confidentiality and authorized scope of Executive’s employmentIP Agreement, Executive agrees that, both during and after Executive’s employment with the Companyemployment, Executive will not, whether in private or in public, whether orally, in writing, or otherwise, whether directly or indirectly, (i) make, publish, encourage, ratify, or authorize; , or aid, assist, or direct any other person or entity in making or publishing, whether in written, oral, digital, or any statements other form: (a) any statements, postings, or other communications that are defamatory, malicious, or slanderous about, or that are misrepresentative of any of the Company, any Subsidiary, or any of their respective agents, affiliates, customers, directors, employees, executives, investors, officers, members, or representatives, or (b) any statements, postings, or other communications that in any way defame, criticize, malign, impugn, denigrate, reflect negatively ondamage, or disparage the Company and its current former or future parents, subsidiaries, affiliates, or related entities (the “Company Entities”) or their respective investors, products, employees, partners, or services. Further, Executive agrees not to do any of the following except as within the performance of Executive’s lawful and authorized duties within the scope of Executive’s employment with the Company Parties, or place any pursuant to the explicit written approval of the Company: (i) communicate with any member of the media concerning any Company Parties in a negative lightParty, in any manner whatsoever; (ii) comment upon or discuss any of the Company Parties (whether disparagingly or otherwise) in, on, to, or through any Media; (iii) make any statement, posting, or other communication (including on in, on, to, or through any media (whether print, television, radio, the internet, social media, or with or through any reporter, blogger, “app” (such as TikTok, Instagram, Snapchat, or the like), or otherwise (collectively “Media”)) that purports to be on behalf of any Company Party, or which a third party may perceive (A) has been authorized, approved, or endorsed by a Company Party, Party or (B) reflects the views of any Company Party; , or otherwise includes any Confidential Information, (iii) conduct any Company business activity on any Media, (iv) share, post, transmit, or upload any material related to any of the Company Parties with, to, through, or on any Media; (v) utilize provide any Company Party’s logos, graphics, trade namespromotional material to any person or entity, or trademarks on any Media or for any other purpose; or (viv) direct, aid, assistencourage, or direct assist any other person or entity to do any of the foregoing. ii; provided that nothing in this Section 3(c) shall be construed in a manner that would violate any law. The Company agrees that it will instruct its senior officers not to make any untruthful and disparaging statements regarding ExecutiveNothing in this Agreement prevents Employee from discussing or disclosing information about unlawful acts in the workplace, nor publicly, in writing such as harassment or otherwise, directly discrimination or indirectly, make, publish or direct any other person conduct that Employee has reason to believe is unlawful. Further, nothing in this Agreement prevents Executive from discussing or entity in making or publishing, any statements that in any way are untruthful and disparaging regarding Executive, provided, however, that this non-disparagement covenant shall not limit the Company’s ability to exercise any and all rights hereunder, comply with any disclosure or reporting obligations, assess the Executive’s employment and performance, or otherwise provide truthful disclosing information about Executiveunlawful acts in the workplace, Executive’s employment, and this Agreement, such as harassment or the termination of discrimination or any of the foregoing, and provided, further, other conduct that nothing herein shall prevent any Company employee from exercising any legally protected rightEmployee has reason to believe is unlawful.

Appears in 1 contract

Samples: Employment Agreement (Oncocyte Corp)

Non-Disparagement; Non-Publicity. i. Except as provided in Section 6(a)(ii), above, as otherwise approved in writing by 1.6 of the Board, or within the lawful Confidentiality and authorized scope of Executive’s employmentIP Agreement, Executive agrees that, both during and after Executive’s employment with the Companyemployment, Executive will not, whether in private or in public, whether orally, in writing, or otherwise, whether directly or indirectly, (i) make, publish, encourage, ratify, or authorize; , or aid, assist, or direct any other person or entity in making or publishing, whether in written, oral, digital, or any statements other form: (i) any statements, postings, or other communications that are defamatory, malicious, or slanderous about, or that are misrepresentative of any of the Company, any Subsidiary, or any of their respective agents, affiliates, customers, directors, employees, executives, investors, officers, members, or representatives, or (ii) any statements, postings, or other communications that in any way defame, criticize, malign, impugn, denigrate, reflect negatively ondamage, or disparage the Company and its current former or future parents, subsidiaries, affiliates, or related entities (the “Company Entities”) or their respective investors, products, employees, partners, or services. Further, Executive agrees not to do any of the following except as within the performance of Executive’s lawful and authorized duties within the scope of Executive’s employment with the Company Parties, or place any pursuant to the explicit written approval of the Company Parties in a negative light, in Company: (A) communicate with any manner whatsoever; (ii) comment upon or discuss any member of the media concerning any Company Parties Party, (whether disparagingly or otherwise) in, on, to, or through any Media; (iiiB) make any statement, posting, or other communication (including on in, on, to, or through any media (whether print, television, radio, the internet, social media, or with or through any reporter, blogger, “app” (such as TikTok, Instagram, Snapchat, or the like), or otherwise (collectively “Media”)) that purports to be on behalf of any Company Party, or which a third party may perceive (Ax) has been authorized, approved, or endorsed by a Company Party, Party or (By) reflects the views of any Company Party; , or otherwise includes any Confidential Information, (C) conduct any Company business activity on any Media, (iv) share, post, transmit, or upload any material related to any of the Company Parties with, to, through, or on any Media; (v) utilize provide any Company Party’s logos, graphics, trade namespromotional material to any person or entity, or trademarks on any Media or for any other purpose; or (viD) direct, aid, assistencourage, or direct assist any other person or entity to do any of the foregoing. ii; provided that nothing in this Section 4(b) shall be construed in a manner that would violate any law. The Company agrees that it will instruct its senior officers not to make any untruthful and disparaging statements regarding ExecutiveNothing in this Agreement prevents Employee from discussing or disclosing information about unlawful acts in the workplace, nor publicly, in writing such as harassment or otherwise, directly discrimination or indirectly, make, publish or direct any other person conduct that Employee has reason to believe is unlawful. Further, nothing in this Agreement prevents Executive from discussing or entity in making or publishing, any statements that in any way are untruthful and disparaging regarding Executive, provided, however, that this non-disparagement covenant shall not limit the Company’s ability to exercise any and all rights hereunder, comply with any disclosure or reporting obligations, assess the Executive’s employment and performance, or otherwise provide truthful disclosing information about Executiveunlawful acts in the workplace, Executive’s employment, and this Agreement, such as harassment or the termination of discrimination or any of the foregoing, and provided, further, other conduct that nothing herein shall prevent any Company employee from exercising any legally protected rightEmployee has reason to believe is unlawful.

Appears in 1 contract

Samples: Employment Agreement (Oncocyte Corp)

Non-Disparagement; Non-Publicity. i. Except as provided in Section 6(a)(ii), Paragraph 1 above, as otherwise approved in writing by the Board, or within the lawful and authorized scope of Executive’s employment, Executive Participant agrees that, both during and after Executive’s employment with the CompanyParticipants’ employment, Executive (a) Participant will not, whether in private or in public, whether orally, in writing, or otherwise, whether directly or indirectly, (i) make, publish, encourage, ratify, or authorize; , or aid, assist, or direct any other person or entity in making or publishing, any statements that in any way defame, criticize, malign, impugn, denigrate, reflect negatively on, or disparage any of the Company PartiesParty, or place any of the Company Parties Party in a negative light, in any manner whatsoever; and (iib) absent the explicit written approval of an officer of the Company, Participant will not (i) comment upon or discuss any of the Company Parties (whether disparagingly or otherwise) in, on, to, or through on any MediaMedia (as defined below); (iiiii) make any statement, posting, or other communication (including on in, on, to or through any media (whether print, television, radio, the internet, social media, or with or through any reporter, blogger, “app” (such as Instagram, Snapchat, or the like), or otherwise, collectively “Media) that purports to be on behalf of any Company Party, or which a third party may perceive (A) has been authorized, approved, or endorsed by a Company Party, Party or (B) reflects the views of any Company Party; (iviii) share, post, transmit, or upload any material related to any of the Company Parties (regardless of whether such comments, statements, or material are disparaging) with, to, through, or on any Media; (iv) utilize Participant’s Company email account on any Media or for any other non-work purpose, (v) utilize any Company Party’s logoslogo, graphics, trade names, or trademarks on any Media or for any other purpose; (vi) provide any Company Party’s promotional material to any Media outlet; or (vivii) aid, assist, or direct any other person or entity to do any of the foregoing. ii. The Company agrees that it will instruct its senior officers not to make any untruthful and disparaging statements regarding Executive, nor publicly, in writing or otherwise, directly or indirectly, make, publish or direct any other person or entity in making or publishing, any statements that in any way are untruthful and disparaging regarding Executive, provided, however, that this non-disparagement covenant shall not limit the Company’s ability to exercise any and all rights hereunder, comply with any disclosure or reporting obligations, assess the Executive’s employment and performance, or otherwise provide truthful information about Executive, Executive’s employment, and this Agreement, or the termination of any of the foregoing, and provided, further, that nothing herein shall prevent any Company employee from exercising any legally protected right.

Appears in 1 contract

Samples: Award Agreement (Weatherford International PLC)

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Non-Disparagement; Non-Publicity. i. Except as provided in Section 6(a)(ii), above, as otherwise approved in writing by 1.6 of the Board, or within the lawful Confidentiality and authorized scope of Executive’s employmentIP Agreement, Executive agrees that, both during and after Executive’s employment with the Companyemployment, Executive will not, whether in private or in public, whether orally, in writing, or otherwise, whether directly or indirectly, (i) make, publish, encourage, ratify, or authorize; , or aid, assist, or direct any other person or entity in making or publishing, whether in written, oral, digital, or any statements other form: (i) any statements, postings, or other communications that are defamatory, malicious, or slanderous about, or that are misrepresentative of any of the Company, any Subsidiary, or any of their respective agents, affiliates, customers, directors, employees, executives, investors, officers, members, or representatives, or (ii) any statements, postings, or other communications that in any way defame, criticize, malign, impugn, denigrate, reflect negatively ondamage, or disparage the Company and its current former or future parents, subsidiaries, affiliates, or related entities (the “Company Entities”) or their respective investors, products, employees, partners, or services. Further, Executive agrees not to do any of the following except as within the performance of Executive’s lawful and authorized duties within the scope of Executive’s employment with the Company Parties, or place any pursuant to the explicit written approval of the Company Parties in a negative light, in Company: (A) communicate with any manner whatsoever; (ii) comment upon or discuss any member of the media concerning any Company Parties Party, (whether disparagingly or otherwise) in, on, to, or through any Media; (iiiB) make any statement, posting, or other communication (including on in, on, to, or through any media (whether print, television, radio, the internet, social media, or with or through any reporter, blogger, “app” (such as TikTok, Instagram, Snapchat, or the like), or otherwise (collectively “Media”)) that purports to be on behalf of any Company Party, or which a third party may perceive (Ax) has been authorized, approved, or endorsed by a Company Party, Party or (By) reflects the views of any Company Party; , or otherwise includes any Confidential Information, (C) conduct any Company business activity on any Media, (iv) share, post, transmit, or upload any material related to any of the Company Parties with, to, through, or on any Media; (v) utilize provide any Company Party’s logos, graphics, trade namespromotional material to any person or entity, or trademarks on any Media or for any other purpose; or (viD) direct, aid, assistencourage, or direct assist any other person or entity to do any of the foregoing. ii; provided that nothing in this Section 4(c) shall be construed in a manner that would violate any law. The Company agrees that it will instruct its senior officers not to make any untruthful and disparaging statements regarding ExecutiveNothing in this Agreement prevents Employee from discussing or disclosing information about unlawful acts in the workplace, nor publicly, in writing such as harassment or otherwise, directly discrimination or indirectly, make, publish or direct any other person conduct that Employee has reason to believe is unlawful. Further, nothing in this Agreement prevents Executive from discussing or entity in making or publishing, any statements that in any way are untruthful and disparaging regarding Executive, provided, however, that this non-disparagement covenant shall not limit the Company’s ability to exercise any and all rights hereunder, comply with any disclosure or reporting obligations, assess the Executive’s employment and performance, or otherwise provide truthful disclosing information about Executiveunlawful acts in the workplace, Executive’s employment, and this Agreement, such as harassment or the termination of discrimination or any of the foregoing, and provided, further, other conduct that nothing herein shall prevent any Company employee from exercising any legally protected rightEmployee has reason to believe is unlawful.

Appears in 1 contract

Samples: Employment Agreement (Oncocyte Corp)

Non-Disparagement; Non-Publicity. i. Except as provided in Section 6(a)(ii), above, as otherwise approved in writing by the Board, or within the lawful and authorized scope of Executive’s employment, Executive agrees that, both during and after Executive’s employment with the Company, Executive will not, whether in private or in public, whether orally, in writing, or otherwise, whether directly or indirectly, (i) make, publish, encourage, ratify, or authorize; or aid, assist, or direct any other person or entity in making or publishing, any statements that in any way defame, criticize, malign, impugn, denigrate, reflect negatively on, or disparage any of the Company Parties, or place any of the Company Parties in a negative light, in any manner whatsoever; (ii) comment upon or discuss any of the Company Parties (whether disparagingly or otherwise) in, on, to, or through any Media; (iii) make any statement, posting, or other communication (including on or through any Media) that purports to be on behalf of any Company Party, or which a third party may perceive (A) has been authorized, approved, or endorsed by a Company Party, or (B) reflects the views of any Company Party; (iv) share, post, transmit, or upload any material related to any of the Company Parties with, to, through, or on any Media; (v) utilize any Company Party’s logos, graphics, trade names, or trademarks on any Media or for any other purpose; or (vi) aid, assist, or direct any other person or entity to do any of the foregoing. ii. The Company agrees that it will instruct its senior officers not to make any untruthful and disparaging statements regarding Executive, nor publicly, in writing or otherwise, directly or indirectly, make, publish or direct any other person or entity in making or publishing, any statements that in any way are untruthful and disparaging regarding Executive, provided, however, that this non-disparagement covenant shall not limit the Company’s ability to exercise any and all rights hereunder, comply with any disclosure or reporting obligations, assess the Executive’s employment and performance, or otherwise provide truthful information about Executive, Executive’s employment, and this Agreement, or the termination of any of the foregoing, and provided, further, that nothing herein shall prevent any Company employee from exercising any legally protected right.

Appears in 1 contract

Samples: Chief Executive Officer Employment Agreement (Tellurian Inc. /De/)

Non-Disparagement; Non-Publicity. i. Except as provided in Section 6(a)(ii), above, as otherwise approved in writing by 1.6 of the Board, or within the lawful Confidentiality and authorized scope of Executive’s employmentIP Agreement, Executive agrees that, both during and after Executive’s employment with the Companyemployment, Executive will not, whether in private or in public, whether orally, in writing, or otherwise, whether directly or indirectly, (i) make, publish, encourage, ratify, or authorize; , or aid, assist, or direct any other person or entity in making or publishing, whether in written, oral, digital, or any statements other form: (i) any statements, postings, or other communications that are defamatory, malicious, or slanderous about, or that are misrepresentative of any of the Company, any Subsidiary, or any of their respective agents, affiliates, customers, directors, employees, executives, investors, officers, members, or representatives, or (ii) any statements, postings, or other communications that in any way defame, criticize, malign, impugn, denigrate, reflect negatively ondamage, or disparage the Company and its current former or future parents, subsidiaries, affiliates, or related entities (the “Company Entities”) or their respective investors, products, employees, partners, or services. Further, Executive agrees not to do any of the following except as within the performance of Executive’s lawful and authorized duties within the scope of Executive’s employment with the Company Parties, or place any pursuant to the explicit written approval of the Company Parties in a negative light, in Company: (A) communicate with any manner whatsoever; (ii) comment upon or discuss any member of the media concerning any Company Parties Party, (whether disparagingly or otherwise) in, on, to, or through any Media; (iiiB) make any statement, posting, or other communication (including on in, on, to, or through any media (whether print, television, radio, the internet, social media, or with or through any reporter, blogger, “app” (such as TikTok, Instagram, Snapchat, or the like), or otherwise (collectively “Media”)) that purports to be on behalf of any Company Party, or which a third party may perceive (Ax) has been authorized, approved, or endorsed by a Company Party, Party or (By) reflects the views of any Company Party; , or otherwise includes any Confidential Information, (C) conduct any Company business activity on any Media, (iv) share, post, transmit, or upload any material related to any of the Company Parties with, to, through, or on any Media; (v) utilize provide any Company Party’s logos, graphics, trade namespromotional material to any person or entity, or trademarks on any Media or for any other purpose; or (viD) direct, aid, assistencourage, or direct assist any other person or entity to do any of the foregoing. ii; provided that nothing in this Section 3(c) shall be construed in a manner that would violate any law. The Company agrees that it will instruct its senior officers not to make any untruthful and disparaging statements regarding ExecutiveNothing in this Agreement prevents Employee from discussing or disclosing information about unlawful acts in the workplace, nor publicly, in writing such as harassment or otherwise, directly discrimination or indirectly, make, publish or direct any other person conduct that Employee has reason to believe is unlawful. Further, nothing in this Agreement prevents Executive from discussing or entity in making or publishing, any statements that in any way are untruthful and disparaging regarding Executive, provided, however, that this non-disparagement covenant shall not limit the Company’s ability to exercise any and all rights hereunder, comply with any disclosure or reporting obligations, assess the Executive’s employment and performance, or otherwise provide truthful disclosing information about Executiveunlawful acts in the workplace, Executive’s employment, and this Agreement, such as harassment or the termination of discrimination or any of the foregoing, and provided, further, other conduct that nothing herein shall prevent any Company employee from exercising any legally protected rightEmployee has reason to believe is unlawful.

Appears in 1 contract

Samples: Employment Agreement (Oncocyte Corp)

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