Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors, shall in any way publicly criticize, disparage, call into disrepute or otherw
...ise defame or slander the other Party or such other Party's subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party's subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party's subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.
View More
Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the
Standstill Period or term of this Agreement or, if earlier, until such time as
either Investor or the
other Party Board Observer (in the case of the Company) or the Company (in the case of an Investor or the Board Observer) or any of
its their respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this
section, Section 6, neither it
nor he nor a
...ny of its or his respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors, shall will in any way publicly criticize, disparage, call into disrepute disrepute, defame, slander or otherwise defame or slander criticize the other Party Parties or any of such other Party's Parties' subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, Parties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.
View More
Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the
Standstill Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this section, Cooperation Period, neither it nor any of its respective
Representatives, agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors, shall in any way
publicly criticize, dis...parage, call make any public statement that constitutes or would reasonably be expected to constitute an ad hominem on or otherwise disparages, calls into disrepute or otherwise defame defames or slander slanders the other Other Party or such other Other Party's Representatives, subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party's subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party's subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. services.
View More
Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this
section, Section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors, shall in any way publicly
criticize, disparage, call into
disrepute ...disrepute, or otherwise defame or slander the other Party Parties or such other Party's Parties' subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, Parties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. For purposes of this Section, none of the 2012 Starboard Nominees or 2013 Starboard Nominees shall be deemed to be agents, affiliates, officers, key employees or directors of the Company or Starboard and no actions taken by any agent or other representative of a Party in any capacity other than as a representative of such Party shall be covered by this Agreement.
View More
Mutual Non-Disparagement.
Subject to applicable law, each Each of the Parties covenants and agrees that,
during the Standstill Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or
directors, directors and with respect to Starboard its Starboard Nominees, shall in
... any way publicly criticize, disparage, call into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party's Parties' subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, Parties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.
View More
Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill Period or if earlier, until such time as the other Party or any of its agents, subsidiaries,
affiliates, Affiliates, successors, assigns, officers, key employees or
9 directors shall have breached this section, neither it nor any of its respective agents, subsidiaries,
affiliates, Affiliates, successors, assigns, officers, key employees or directors, shall in any way publicly criticize, disparage, cal
...l into disrepute or otherwise defame or slander the other Party or such other Party's subsidiaries, affiliates, Affiliates, successors, assigns, officers (including any current officer of a Party or a Party's subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current director of a Party or a Party's subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services or their subsidiaries, affiliates, Affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. representatives; provided, however, any statements regarding the Company's operational or stock price performance or any strategy, plans, or proposals of the Company that do not disparage, call into disrepute or otherwise defame or slander any of the Company's officers, directors, employees, stockholders, agents, attorneys or representatives ("Opposition Statements") shall not be deemed to be a breach of this Section 11; provided, further, that if any Opposition Statement is made by BLR Partners, the Company shall be permitted to publicly respond with a statement similar in scope to any such Opposition Statement.
View More
Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the
Standstill Period Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors
shall will have breached this
section, Section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors,
shall will in any way publicly
criticize, disparage, ca
...ll into disrepute disrepute, or otherwise defame or slander the other Party Parties or such other Party's Parties' subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, Parties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. For purposes of this Section 13, Mr. Nardelli (or, if applicable, the Replacement Director) will not be deemed to be an agent, affiliate, officer, key employee or director of the Company or Starboard and no actions taken by any director, agent or other representative of a Party in any capacity other than as a representative of, and at the direction of, such Party will be covered by this Agreement.
View More
Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees
that, that during the Standstill
Period or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this section, Period, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns,
officers, key employees officers or directors, shall in any way publicly criticize, disparage, call in
...to disrepute or otherwise defame or slander the other Party or such other Party's subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party's subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current director of a Party or a Party's subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), employees, advisors or managers (including, in the case of WW Investors, New York Recovery Advisors, LLC), stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, products or services businesses or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives.
View More
Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that,
during until the
Standstill Period Termination Date, or if earlier, until such time as the other Party or any of its agents, subsidiaries,
affiliates, controlled Affiliates, successors, assigns,
partners, members, officers, key employees or directors shall have breached this
section, Section 15, neither it nor any of its respective agents, subsidiaries,
affiliates, controlled Affiliates, successors, assigns,
partners, memb...ers, officers, key employees or directors, directors shall in any way publicly criticize, disparage, call into disrepute or otherwise defame or slander the other Party or such other Party's subsidiaries, affiliates, Affiliates, successors, assigns, officers (including any current officer of a Party or a Party's subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), directors (including any current director of a Party or a Party's subsidiaries who no longer serves in such capacity at any time following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, employees or any of their its businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their its businesses, products or services or their subsidiaries, affiliates, Affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys directors) or representatives. employees.
View More
Mutual Non-Disparagement. Subject to applicable law, each of the Parties covenants and agrees that, during the Standstill
Period Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors shall have breached this
section, Section, neither it nor any of its respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors, shall in any way publicly
criticize, disparage, call into
di...srepute disrepute, or otherwise defame or slander the other Party Parties or such other Party's Parties' subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), directors (including any current director of a Party or a Party's Parties' subsidiaries who no longer serves in such capacity following the execution of this Agreement), employees, stockholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, Parties, their businesses, products or services or their subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, agents, attorneys or representatives. For purposes of this Section 13, the Starboard Nominees shall not be deemed to be an agent, affiliate, officer, key employee or director of the Company or Starboard and no actions taken by any agent or other representative of a Party in any capacity other than as a representative of such Party shall be covered by this Agreement.
View More
Mutual Non-Disparagement.
Subject to applicable Except as required by law, each
of the Parties Party covenants and agrees that, during the Standstill
Period Period, or if earlier, until such time as the other Party or any of its agents, subsidiaries, affiliates, successors, assigns, officers, key employees or directors
shall have has breached this
section, Section 6, neither it nor any of its
respective agents, subsidiaries, affiliates, successors, assigns, officers, key employees or
directors, shall directors will in an
...y way publicly criticize, disparage, call into disrepute disrepute, defame, slander or otherwise defame or slander criticize the other Party or such the other Party's subsidiaries, affiliates, successors, assigns, officers (including any current officer of a Party or a Party's subsidiaries who no longer serves in such capacity following the execution of this Agreement), Effective Date), directors (including any current director of a Party or a Party's subsidiaries who no longer serves in such capacity following the execution of this Agreement), Effective Date), employees, stockholders, shareholders, agents, attorneys or representatives, or any of their businesses, products or services, in any manner that would reasonably be expected to damage the business or reputation of such other Party, their businesses, its products or services or their its subsidiaries, affiliates, successors, assigns, officers (or former officers), directors (or former directors), employees, stockholders, shareholders, agents, attorneys or representatives.
View More
