Non-Disparagement Clause- A non-disparagement clause, typically contained in a separation or settlement agreement, states that an executive director cannot say anything bad about the employer even if the commentary is true.
If the terms of the employment contract condition severance payments on compliance with the non-disparagement clause or unequivocally state that a breach of the non-disparagement clause will result in a forfeiture of severance or other benefits- the clause is optimized if the payments or benefits paid out to the executive director are paid out over a period of time.