Lol of course he said something nice. His settlement would not let him say something bad!! Otherwise he jeopardizes the whole settlement.
3. Confidentiality and Non-Disparagement.
3.1. This Agreement and the terms herein are strictly confidential. The Parties further agree not to disclose the terms of this Agreement to any individual or entity who does not constitute a Party to, or a releasee under this Agreement without the prior written approval of the other Party; provided however that the Parties may disclose this Agreement and its terms (i) to their legal counsel and accountants or tax attorneys to the extent required for determining and/or defending tax liabilities or for preparing or certifying the accounts of a signatory to this Agreement, or (ii) as required in disclosures to the United States Securities and Exchange Commission or OTC Markets, Inc., or (iii) in response to any inquiry from any regulatory body with jurisdiction or authority over either Party. Further, nothing herein shall prevent any Party from complying with any lawful subpoena or court order, provided further, however, that any Party so receiving any such subpoena or court order must promptly notify the other Party to this Agreement in order to enable the other Party to seek an appropriate protective order or other remedy. The Party receiving such subpoena or court order shall consult with the other Party with respect to it taking steps to resist or narrow the scope of such request or legal process, or to waive compliance, in whole or in part, with the terms of this provision. Further, in the event that any Party files a Motion to Quash or a Motion for a Protective Order in connection with any subpoena or court order referenced above, no other Party shall take any position in opposition to any such motion. If a disclosure is made for an above-mentioned purpose, the disclosing party will instruct the recipient that the information is confidential and may not be disclosed to others except for the same reasons stated herein.
2
3.2. The Parties agree and covenant that they shall not at any time make, publish or communicate to any person or entity or in any public or private forum any defamatory or disparaging remarks, comments or statements concerning the other Party or its businesses, or any of its employees, officers, now or in the future, that in any way relate to or arise from the Dispute. Notwithstanding the provisions of this Section 2, if any third party makes any inquiry with respect to the Dispute, then the Party to whom the inquiry is made shall only respond that such matters were resolved pursuant to a confidential agreement.
3.3. The Parties agree and acknowledge that the confidentiality and non-disparagement provisions herein are material terms of this Agreement for which sufficient and adequate consideration is being received. The Parties agree that if any Party breaches or threatens to breach any of the confidentiality provisions of Section 3 of this Agreement, a non-breaching Party will have, in addition to any other right or remedy available, the right to obtain injunctive relief from a court of competent jurisdiction restraining such breach or threatened breach and to specific performance of Section 3 of this Agreement. The Parties further agree that no bond or other security will be required in obtaining such equitable relief and hereby consent to the issuance of such injunction and to the ordering of specific performance to ensure compliance with the confidentiality provisions of Section 3 of this Agreement.
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