non-disagreement. The buyer pledges not to publish or make any verbal or written remarks that are critical of the seller or the seller’s owners, executives, staff, consultants, agents, or representatives. Disparaging statements might be (i) negative, unfavorable, or disparaging; (2) slanderous, libelous, or defamatory; or (ii) present the Seller in a false or negative light in the eyes of the public. The buyer acknowledges that the courts have the authority to enjoin any violation or threat of violation of this prohibition. Buyer acknowledges that if this clause is broken or threatened, Seller will suffer irreversible harm and that Seller will not have a sufficient remedy.
temporary injunction to prevent the violation or any future violations, which would include an order directing Buyer to remove any disparaging statements published online or in any media or publication, and to retract such statements due to the potential harm to Seller’s reputation. The buyer acknowledges that it is difficult or impossible to determine the damages that could result from a breach of this clause. In light of this, Buyer acknowledges that each time this clause is broken, Seller is entitled to $50,000.00 in liquidated damages, which are due and payable to Seller right away after the statement in question is published.
The buyer accepts and acknowledges, by signing this agreement, that all disagreements, disputes, and claims between the buyer and seller will be resolved amicably and confidentially, and that the alternative dispute resolution provision in this agreement will be the exclusive source of authority. A breach of this agreement’s non-disparagement clause also constitutes a distinct violation of the Alternative Dispute Resolution clause, which gives the seller the right to further damages for breach of contract and legal fees.