To the maximum extent permitted by applicable law, and subject to Section 6, Executive agrees that, now and in the future, Executive will not make, publish, or communicate to any person or entity any defamatory or disparaging statements regarding Releasees (as defined in Section 8). Executive understands that by agreeing to the provisions of this Section, Executive is waiving rights guaranteed by the First Amendment of the United States Constitution and any State counterparts. Brixmor shall instruct its executive officers and directors to refrain from making any public communication that is intended to criticize or disparage Executive. Nothing set forth herein shall be interpreted to prohibit either Party from making truthful statements when required by law, subpoena or court order, and/or from responding to any inquiry by any regulatory or investigatory organization, and shall not prohibit Brixmor from making public statements in good faith in connection with the operation of its business or about matters in the public domain.