This Payment Suspension is made as of 07/19/2016, between: Butterfly Family Welness, herein known as "Client" and PPL Labs, LLC ("PPL Labs") together known as the "Parties" or individually a "Party".
WHEREAS, Client contracted with PPL Labs for marketing at $250.00 per month for web services (the "Service Agreement").
NOW, THEREFORE, PPL Labs agrees suspend the account charges until 10/1/2016.
1. In exchange for the consideration acknowledged herein, the Parties agree to restart payments on 10/1/2016 for 12 months expiring on 10/01/217.
2. In exchange for the consideration acknowledged herein, the Parties agree that the terms of the General Release shall remain confidential and that neither Party will publish or otherwise disseminate any disparaging, defamatory or derogatory information about the other Party, its products or its employees. For purposes of this Section, “disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or oral and published in any medium. This includes all written, oral or electronic communication, including any statements published on online review websites, internet forums, or video hosting websites. The Parties represent that to date neither Party, nor any agent of either Party, has published, posted or submitted any disparaging comments about the other. The parties acknowledge that in the event of a breach of this section, damages would be difficult to calculate. Accordingly, the Parties agree that in the event of a breach of this section, the non-breaching party shall be entitled to liquidated damages in the amount of $10,000. The Parties agree that this amount is a reasonable estimate of damages given the contemplated breach and not a penalty.
3. If any provision of this Agreement or the application thereof is held invalid, illegal or unenforceable by any court of competent jurisdiction, (a) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. This General Release represents the entire agreement between the Parties, and all other contemporaneous discussions, agreements and understandings have been merged herein.