 Who is the person who must make the truthful statement in a legal proceeding?
The parties agree that they will not disparage or make derogatory or untruthful comments about each other or Oritani's present and former officers, directors, employees, agents, or attorneys, or their business practices.  The provisions of this Section 5 shall not apply to any truthful statement required to be made by Executive and Oritani, as the case may be, in any legal proceeding or governmental or regulatory investigation or inquiry.
Executive