Confidential Settlement, Separation, And Release Agreement (Page 4 of 8) in pdf

required by law, Plaintiff agrees to disclose Settlement Information only to those attorneys,

accountants, tribunals, and governmental entities who have a reasonable need to know of such

Settlement Information, and to prevent disclosure of any Settlement Information to other third

parties. Plaintiff and her attorneys agree that there will be no publicity, directly or indirectly,

concerning any Settlement Information. Among other things, and without limitation, Plaintiff

and her attorneys agree that they will not notify any media organizations, publishers or

publications, broadcasters, civil rights groups or organizations, or any other groups or

organizations of any kind whatsoever, whether directly or indirectly, personally or through

friends or other individuals, concerning any Settlement Information; nor will Plaintiff or her

attorneys post or distribute electronically or otherwise any Settlement Information in any manner

whatsoever.

Plaintiff and her attorneys agree that the confidentiality of the Settlement Information is

of the essence, and that XYZ would not have entered into this Settlement Agreement without the

protections afforded them by this Paragraph. Plaintiff hereby agrees to be responsible for

liquidated damages, as set forth below, if she breaches any of the foregoing terms or in any way

divulges any of the Settlement Information to any unauthorized third party. Any such individual

breach or disclosure shall not excuse Plaintiff from her obligations hereunder, nor permit her to

make additional disclosures. Plaintiff warrants that she has not to date disclosed, orally or in

writing, directly or indirectly, any of the Settlement Information.

10.

Liquidated Damages. THE PARTIES AGREE THAT THE PRECISE

AMOUNT OF DAMAGES FLOWING FROM ANY DISCLOSURE IN VIOLATION OF THE

CONFIDENTIALITY PROVISION SET FORTH IN PARAGRAPH 7 ABOVE WOULD BE

IMPRACTICABLE OR EXTREMELY DIFFICULT TO CALCULATE OR PROVE, AND

THEREFORE PLAINTIFF AGREES THAT IF SHE BREACHES PARAGRAPH 7 ABOVE,

PROXIMATELY CAUSING THE ABOVE-DESCRIBED SETTLEMENT INFORMATION

TO BE RECEIVED, DIRECTLY OR INDIRECTLY, BY ANYONE IN VIOLATION OF THE

ABOVE CONFIDENTIALITY PROVISION, XYZ SHALL BE ENTITLED TO RECEIVE

FROM PLAINTIFF ALONE, AS LIQUIDATED DAMAGES, THE SUM OF FIVE

THOUSAND DOLLARS ($5,000) PER BREACH.

11.

Neutral Reference. In the event XYZ receives a request concerning Plaintiff’s

employment with XYZ, XYZ will follow its standard policy as set out in its Employee Policy

Manual. Under this policy, XYZ will verify only Plaintiff’s employment with XYZ, job title at

termination, and hire and termination dates, unless required by law to provide additional

information or unless Plaintiff authorizes XYZ in writing to provide additional information.

12.

Non-Disparagement. Plaintiff agrees to refrain from any defamation, libel, or

slander of XYZ, or tortious interference with the contracts and relationships of XYZ. Plaintiff

further agrees that she will not act in any manner or publicize statements that might damage the

business or reputation of XYZ or its employees. Plaintiff further agrees not to write letters to,

post, email, or otherwise communicate with, any media organizations, publishers or publications,

broadcasters, civil rights groups or organizations, Internet or chat groups, blogs, or any other

groups or organizations of any kind whatsoever, including those on the Internet, whether directly

or indirectly, personally or through friends or other individuals, describing or discussing any

issue or fact or experience that was, or could have been, raised or asserted in the Lawsuit.

Confidential Settlement, Separation, And Release Agreement Page 4

Related Articles

Related forms

Related Categories