Common use of Nondisparagment Clause in Contracts

Nondisparagment. The Executive agrees during the Restricted Period not to make negative comments or otherwise disparage the Company or any of its affiliates or any of their officers, directors, employees, shareholders, agents or products other than in the good faith performance of the Executive’s duties to the Company while the Executive is employed by the Company. The Company agrees during the Restricted Period that the individuals holding the positions of executive officers of the Company as of the date of termination and the members of the Board as of the date of termination will not, while employed by the Company or serving as a director of the Company, as the case may be, make negative comments about the Executive or otherwise disparage the Executive in any manner that is likely to be harmful to the Executive’s business reputation. The foregoing shall not be violated by truthful statements in response to legal process, required governmental testimony or filings, or administrative or arbitral proceedings (including, without limitation, depositions in connection with such proceedings), and the foregoing limitation on the Executive and the Company’s executives and directors shall not be violated by statements that the Executive or they in good faith believe are necessary or appropriate to make in connection with performing his or their duties and obligations to the Company.

Nondisparagment. The Executive agrees during the Restricted Period not to make negative comments or otherwise disparage the Company or any of its affiliates Group or any of their officers, directors, employees, shareholders, agents or products other than in the good faith performance of the Executive’s duties to the Company while the Executive is employed by the Company. The Company agrees during the Restricted Period that the individuals holding the positions of executive officers of the Company while Executive is employed by the Company or as of or after the date of termination and the members of the Board as of the date of termination such times and dates will not, while employed by the Company or serving as a director of the Company, as the case may be, make negative comments about the Executive or otherwise disparage the Executive in any manner that is likely to be harmful to the Executive’s business reputation. The foregoing shall not be violated by truthful statements in response to legal process, required governmental testimony or filings, or administrative administrative, arbitral or arbitral litigation proceedings (including, without limitation, depositions in connection with such proceedings), and the foregoing limitation on the Executive and the Company’s executives and directors shall not be violated by statements that the Executive or they in good faith believe are necessary or appropriate to make in connection with performing his or their duties and obligations to the Company.