Common use of Press Clause in Contracts

Press. RELEASES -------------- Notwithstanding anything in this Agreement to the contrary, GSI shall not make any announcement, advertisement, statement or press release (collectively "Announcement") concerning the existence of this Agreement, that Retailer and GSI are developing a Web Site or the fact that Retailer and GSI are E-Commerce partners, prior to the Launch Date. If GSI desires to disclose the existence of this Agreement to any third party including but not limited to an investor, potential investor, analyst, professional advisor, business affiliate, business associate, lender, or employee that individual or entity must first enter into a Confidentiality Agreement with GSI, in a form acceptable to Retailer, or substantially similar to that attached hereto as Exhibit "B" agreeing not to make any disclosure as set forth above. If this particular restriction is violated by an individual or entity other than a member of the senior management of GSI, Retailer agrees not to take action against GSI and enforce its rights directly against the individual or entity and GSI will cooperate with Retailer in enforcing those rights. Notwithstanding anything contained herein to the contrary, GSI may disclose in an Announcement the fact that an E-Commerce partner is a "non-disclosed retailer with sales in excess of $200,000,000." If GSI or a member of its senior management breaches this particular restriction, GSI shall be required to pay Retailer [*] as liquidated damages, and Retailer may terminate this Agreement. After the Launch Date, all voluntary public announcements concerning the transactions contemplated by this Agreement shall be mutually acceptable to both GSI and Retailer. Unless required by law, neither GSI on the one hand, and Retailer on the other hand, shall make any public announcement or issue any press release concerning the transactions contemplated by this Agreement without the prior written consent of GSI or Retailer, respectively. With respect to any announcement that any of the parties is required by law to issue, such party shall, to the extent possible under the circumstances, review the necessity for and the contents of the announcement with the other party before issuing the announcement; provided however, if either party cannot obtain the consent of the other party in a timely manner, the party required to comply with law may issue the press release or public announcement without obtaining the consent of the other party.

Press. RELEASES -------------- Notwithstanding anything in this Agreement to the contrary, GSI shall not make any announcement, advertisement, statement or press release (collectively "Announcement") concerning the existence of this Agreement, that Retailer and GSI are developing a Web Site or the fact that Retailer and GSI are E-Commerce partners, prior to the Launch Date. If GSI desires to disclose the existence of this Agreement to any third party including but not limited to an investor, potential investor, analyst, professional advisor, business affiliate, business associate, lender, or employee that individual or entity must first enter into a Confidentiality Agreement with GSI, in a form acceptable to Retailer, ,or substantially similar to that attached hereto as Exhibit "B" agreeing not to make any disclosure as set forth above. If this particular restriction is violated by an individual or entity other than a member of the senior management of GSI, Retailer agrees not to take action against GSI and enforce its rights directly against the individual or entity and GSI will cooperate with Retailer in enforcing those rights. Notwithstanding anything contained herein to the contrary, GSI may disclose in an Announcement the fact that an E-Commerce partner is a "non-disclosed retailer with sales in excess of $200,000,000." If GSI or a member of its senior management breaches this particular restriction, GSI shall be required to pay Retailer [*] as liquidated damages, and Retailer may terminate this Agreement. After the Launch Date, all voluntary public announcements concerning the transactions contemplated by this Agreement shall be mutually acceptable to both GSI and Retailer. Unless required by law, neither GSI on the one hand, and Retailer on the other hand, shall make any public announcement or issue any press release concerning the transactions contemplated by this Agreement without the prior written consent of GSI or Retailer, respectively. With respect to any announcement that any of the parties is required by law to issue, such party shall, to the extent possible under the circumstances, review the necessity for and the contents of the announcement with the other party before issuing the announcement; provided however, if either party cannot obtain the consent of the other party in a timely manner, the party required to comply with law may issue the press release or public announcement without obtaining the consent of the other party.