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.
The breach was at least partially based on a clause that required Ultra Music Festival to include Ultra Music if Ultra Music Festival expanded beyond a Miami event.