Except as required by applicable law or the rules or regulations of any governmental authority or by the order of any court of competent jurisdiction, each Party agrees that such Party shall not, directly or indirectly (through such Party’s Related Parties or otherwise), make, publish or cause to be made or published any statement or remark concerning the subject matter of the Merger Transaction Documents, the participation or involvement of the Parties in the transactions contemplated by the Merger Transaction Documents or the reasons for or any of the events or circumstances surrounding the termination of the transactions contemplated by the Merger Agreement that could reasonably be understood as disparaging the business or conduct of the other Parties or their respective Related Parties or as intended to harm the business or reputation of the other Parties or their respective Related Parties. The Company acknowledges and agrees that Spherix shall have the right to publicly disclosed the termination of the Merger Agreement as described herein in a press release and/or in a Current Report on Form 8-K or other filing with the Commission under the Exchange Act as determined by Spherix in its sole discretion.