No Disparaging Comments. Subject to Section 9(b) above, (x) Employee shall refrain from any criticisms or disparaging comments about the Company, its direct and indirect subsidiaries and its and their directors, officers and owners and (y) the Company and its direct and indirect subsidiaries and each of their directors and officers shall refrain from any criticisms or disparaging comments about Employee; provided, however, that nothing in this Agreement shall apply to or restrict in any way the communication of information to any governmental law enforcement agency by either Party that is required by compulsion of law or for internal statements in the course of performance of his duties for the Company. A violation or threatened violation of this prohibition may be enjoined by a court of competent jurisdiction. The rights under this provision are in addition to any and all rights and remedies otherwise afforded by law to the Parties. Employee acknowledges that in executing this Agreement, he has knowingly, voluntarily, and intelligently waived any free speech, free association, free press or First Amendment to the United States Constitution (including, without limitation, any counterpart or similar provision or right under any other state constitution which may be deemed to apply) and rights to disclose, communicate, or publish disparaging information or comments concerning or related to the Company, provided, however, nothing in this Agreement shall be deemed to prevent Employee from testifying fully and truthfully in response to a subpoena from any court or from responding to an investigative inquiry from any governmental agency.
Appears in 3 contracts
Sources: Employment Agreement (Harvest Oil & Gas Corp.), Employment Agreement (Harvest Oil & Gas Corp.), Employment Agreement (Harvest Oil & Gas Corp.)
No Disparaging Comments. Subject to Section 9(b) above, (x) Employee Executive and Callon shall refrain from any criticisms or disparaging comments about the Company, its direct and indirect subsidiaries and its and their directors, officers and owners and (y) the Company and its direct and indirect subsidiaries and each of their directors and officers shall refrain other or in any way relating to Executive's employment or separation from any criticisms or disparaging comments about Employeeemployment with Callon; provided, however, that nothing in this Agreement shall apply to or restrict in any way the communication of information to any governmental law enforcement agency by either Party party that is required by compulsion of law or for internal statements in the course of performance of his duties for the Companylaw. A violation or threatened violation of this prohibition may be enjoined by a court of competent jurisdiction. The rights under this provision are in addition to any and all rights and remedies otherwise afforded by law to the Partiesparties. Employee Executive acknowledges that in executing this Agreement, he has knowingly, voluntarily, and intelligently waived any free speech, free association, free press or First Amendment to the United States Constitution (including, without limitation, any counterpart or similar provision or right under any other state constitution which may be deemed to apply) and rights to disclose, communicate, or publish disparaging information or comments concerning or related to the Company, Callon; provided, however, nothing in this Agreement shall be deemed to prevent Employee Executive from testifying fully and truthfully in response to a subpoena from any court or from responding to an investigative inquiry from any governmental agency. For all purposes of the obligations of Executive under this Section 6.5, the term “Callon” refers to the ▇▇▇▇▇▇ Petroleum Company and its Subsidiaries and Affiliates, and its and their directors, officers, employees, shareholders, investors, partners and agents.
Appears in 2 contracts
Sources: Change in Control Severance Compensation Agreement (Callon Petroleum Co), Change in Control Severance Compensation Agreement (Callon Petroleum Co)
No Disparaging Comments. Subject to Section 9(b) above, (x) Employee Executive and Callon shall refrain from any criticisms or disparaging comments about the Company, its direct and indirect subsidiaries and its and their directors, officers and owners and (y) the Company and its direct and indirect subsidiaries and each of their directors and officers shall refrain other or in any way relating to Executive's employment or separation from any criticisms or disparaging comments about Employeeemployment with Callon; provided, however, that nothing in this Agreement shall apply to or restrict in any way the communication of information to any governmental law enforcement agency by either Party party that is required by compulsion of law or for internal statements in the course of performance of his duties for the Companylaw. A violation or threatened violation of this prohibition may be enjoined by a court of competent jurisdiction. The rights under this provision are in addition to any and all rights and remedies otherwise afforded by law to the Partiesparties. Employee Executive acknowledges that in executing this Agreement, he has knowingly, voluntarily, and intelligently waived any free speech, free association, free press or First Amendment to the United States Constitution (including, without limitation, any counterpart or similar provision or right under any other state constitution which may be deemed to apply) and rights to disclose, communicate, or publish disparaging information or comments concerning or related to the Company, Callon; provided, however, nothing in this Agreement shall be deemed to prevent Employee Executive from testifying fully and truthfully in response to a subpoena from any court or from responding to an investigative inquiry from any governmental agency. For all purposes of the obligations of Executive under this Section 6.5, the term “Callon” refers to the ▇▇▇▇▇▇ Petroleum Company and its subsidiaries, and its and their directors, officers, employees, shareholders, investors, partners and agents.
Appears in 2 contracts
Sources: Severance Compensation Agreement (Callon Petroleum Co), Severance Compensation Agreement (Callon Petroleum Co)
No Disparaging Comments. Subject to Section 9(b) above, (x) Employee Executive and the Company shall refrain from any criticisms or disparaging comments about each other or in any way relating to Executive’s employment or separation from employment with the Company, its direct and indirect subsidiaries and its and their directors, officers and owners and (y) the Company and its direct and indirect subsidiaries and each of their directors and officers shall refrain from any criticisms or disparaging comments about Employee; provided, however, that nothing in this Agreement shall apply to or restrict in any way the communication of information to any governmental law enforcement agency by either Party that is required by compulsion of law or for internal statements in the course of performance of his duties for the Companylaw. A violation or threatened violation of this prohibition may be enjoined by a court of competent jurisdiction. The rights under this provision are in addition to any and all rights and remedies otherwise afforded by law to the Parties. Employee Executive acknowledges that in executing this Agreement, he has knowingly, voluntarily, and intelligently waived any free speech, free association, free press or First Amendment to the United States Constitution (including, without limitation, any counterpart or similar provision or right under any other state constitution which may be deemed to apply) and rights to disclose, communicate, or publish disparaging information or comments concerning or related to the Company, ; provided, however, nothing in this Agreement shall be deemed to prevent Employee Executive from testifying fully and truthfully in response to a subpoena from any court or from responding to an investigative inquiry from any governmental agency. For all purposes of the obligations of Executive under this Section 10, the term “Company” refers to the Company and its Affiliates, and its and their directors, officers, employees, shareholders, investors, partners and agents.
Appears in 2 contracts
Sources: Change in Control Severance Agreement (Trans Energy Inc), Change in Control Severance Agreement (Trans Energy Inc)