Common use of Non-Disparagement Clause in Contracts

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members except in the reasonable good faith performance of its Board of Directors his duties to not, disparage, criticize or defame Executive, either publicly or privatelythe Company. Nothing in this Section 6(a) 12 shall have application to any evidence evidence, testimony or testimony disclosure required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a) 10 shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its executive officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a12(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a9(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a11(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a8(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or businessbusinesses, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a8(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he or she shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members except in the reasonable good faith performance of its Board of Directors his duties to not, disparage, criticize or defame Executive, either publicly or privatelythe Company. Nothing in this Section 6(a) 12 shall have application to any evidence evidence, testimony or testimony disclosure required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not (in writing or otherwise) disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Similarly, the Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, not disparage, criticize or defame Executive, either publicly or privatelyprivately and whether in writing or not. Nothing in this Section 6(a8(b) shall have application apply to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a14(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members except in the reasonable good faith performance of its Board of Directors his duties to not, disparage, criticize or defame Executive, either publicly or privatelythe Company. Nothing in this Section 6(a) 13 shall have application to any evidence evidence, testimony or testimony disclosure required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately, except in the reasonable good faith performance of his duties to the Company. The Company agrees that for the same period it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a13(b) shall have application to any evidence evidence, testimony or testimony disclosure required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its the Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency, or any statement otherwise required by law.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, not disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he she shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a8(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privatelyprivately and whether or not in writing. The Similarly, the Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, not disparage, criticize or defame Executive, his affiliates and their respective affiliates, directors, officers, agents, partners, stockholders or employees, either publicly or privatelyprivately and whether or not in writing. Nothing in this Section 6(a8(b) shall have application apply to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology whether verbally or businessby non-verbal gesture or communication, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, and its Chief Executive Officer shall not disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a5(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he she shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.. US-DOCS\110102732.3

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a8(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he she shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a11(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a12(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency. 6 CEO: Board; Other Executives: CEO.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its directors and officers and members of its Board of Directors to not, disparage, criticize or defame the Executive, either publicly or privately. Nothing in this Section 6(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not (and shall use commercially reasonable efforts to ensure they do not), disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a9(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its the Board of Directors to not, disparage, criticize or defame Executive, Executive either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a8(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, defame or criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology stockholders or businessemployees in a non-constructive manner, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, not disparage, defame or criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a) shall have application to any evidence or testimony as may be required by any court, arbitrator judicial or government agencyadministrative order or legal process.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology products or businessbusinesses, either publicly or privately. The Company agrees that it shall not, and it shall instruct its directors and officers and members of its Board of Directors to not, disparage, criticize or defame the Executive, either publicly or privately. Nothing in this Section 6(a10(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a12(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a6(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a13(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency, or any statement otherwise required by law.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, ||| agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a11(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Similarly, the Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors directors to not, not disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a12(b) shall have application apply to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he she shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees agrees, on behalf of its affiliates and its directors and officers, that it shall not, and it shall instruct its officers and members of its Board of Directors to not, not disparage, criticize or defame the Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members except in the reasonable good faith performance of its Board of Directors his duties to not, disparage, criticize or defame Executive, either publicly or privatelythe Company. Nothing in this Section 6(a12(b) shall have application to any evidence evidence, testimony or testimony disclosure required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a12(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, shareholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, not disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and | | members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its the Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a8(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholdersshareholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board of Directors directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, stockholders or employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its executive officers and members of its the Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a5(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive agrees that he shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employees, products, services, technology or business, either publicly or privately. The Company agrees that it shall not, and it shall instruct its directors, officers and members of its Board of Directors management employees to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 6(a7(a) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

Non-Disparagement. Executive also agrees that he shall not to disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders, employeesindividuals who are known by Executive to be employees of the Company, products, services, technology or business, either publicly or privately. The Company agrees that it shall not; provided however, and it shall instruct its officers and members of its Board of Directors to not, disparage, criticize or defame Executive, either publicly or privately. Nothing nothing in this Section 6(a) shall have application to any evidence or testimony required by any court, arbitrator or government agencyagency or to any truthful statements necessary in any litigation regarding the enforcement of this Agreement.