An acceleration clause that converts a substantially conditional obligation (payment dependent on future revenue) into an absolute obligation to pay a lump sum forthwith upon breach of an unrelated contractual term is a penalty and void, because its contractual function is to coerce compliance rather than to pre-estimate damages. Non-disparagement clauses in settlement agreements should not be construed so broadly as to prevent a party from engaging in legitimate scientific discourse in their professional field, and whether statements have a 'tendency to injure or damage' reputation requires evaluation of the character of the reputation, the context of the statement, and the audience. In patent assignment agreements, 'Improvement' defined as a new process which 'replaces' the subject matter of the invention means a process that encompasses the claims of the first invention, not merely one that achieves the same industrial application using different essential integers.
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