Non-Disparagement

A Non-Disparagement or Protection of Reputation clause restricts individuals from taking any action that negatively impacts an organization, its reputation, products, services, management or employees. They are found in virtually all settlement agreements and about a quarter of executive employment agreements. Some examples briefly describe the prescribed actions; others build a thesaurus-like list of prohibited actions.

Clause Text

Key Question: Without question.  Jump to Standard

Neutral Standard

Non-Disparagement

Mutual Non-Disparagement. Subject to paragraph [EXCEPTION FOR COMPELLED TRUTHFUL STATEMENTS], [PARTY B] will not disparage or denigrate [PARTY A] or [PARTY A]'s Representatives.

Exception for Compelled Truthful Statements. [PARTY B] may make truthful statements about [PARTY A] or its Representatives, if compelled by court Order, Legal Proceeding, or otherwise required by Law, without violating the non-disparagement requirements under this section.

Non-Disparagement

Mutual Non-Disparagement. Subject to paragraph [EXCEPTION FOR COMPELLED TRUTHFUL STATEMENTS], neither party will disparage or denigrate the other party, or the other party's Representatives.

Exception for Compelled Truthful Statements. Either party may make truthful statements about the other, if compelled by court Order, Legal Proceeding, or otherwise required by Law, without violating the non-disparagement requirements under this section.

Non-Disparagement

Mutual Non-Disparagement. Subject to paragraph [EXCEPTION FOR COMPELLED TRUTHFUL STATEMENTS], following the Retirement Date, neither party will disparage or denigrate the other party, or the other party's Representatives.

Exception for Compelled Truthful Statements. Either party may make truthful statements about the other, if compelled by court Order, Legal Proceeding, or otherwise required by Law, without violating the non-disparagement requirements under this section.