Amendment of Restrictive Covenant. It is expressly understood and agreed that, although Employee and Bank consider the restrictions contained in Section 10(b) hereof reasonable for the purpose of preserving for Bank and its subsidiaries their good will and other proprietary rights, if a final judicial determination is made by a court having jurisdiction that the time or territory or any other restriction contained in this Section 10(b) hereof is an unreasonable or otherwise unenforceable restriction against Employee, the provisions of Section 10(b) hereof shall not be rendered void but shall be deemed amended to apply as to such maximum time and territory and to such other extent as such court may judicially determine or indicate to be reasonable.
Appears in 6 contracts
Samples: Supplemental Executive Retirement Plan Agreement (Embassy Bancorp, Inc.), Supplemental Executive Retirement Plan Agreement (Embassy Bancorp, Inc.), Supplemental Executive Retirement Plan Agreement (Embassy Bancorp, Inc.)
Amendment of Restrictive Covenant. It is expressly understood and agreed that, although Employee Executive, Corporation and Bank consider the restrictions contained in Section 10(b11(a) hereof reasonable for the purpose of preserving for Corporation, Bank and its any of their subsidiaries or affiliates, their good will and other proprietary rights, if a final judicial determination is made by a court having jurisdiction that the time or territory or any other restriction contained in this Section 10(b11(a) hereof is an unreasonable or otherwise unenforceable restriction against Employeethe Executive, the provisions of Section 10(b11(a) hereof shall not be rendered void void, but shall be deemed amended to apply as to such maximum time and territory and to such other extent as such court may judicially determine or indicate to be reasonable.
Appears in 5 contracts
Samples: Employment Agreement (Citizens Financial Services Inc), Executive Employment Agreement (Citizens Financial Services Inc), Executive Employment Agreement (Citizens Financial Services Inc)
Amendment of Restrictive Covenant. It is expressly understood and agreed that, although Employee Executive, Corporation and Bank consider the restrictions contained in Section 10(b11(a) hereof reasonable for the purpose of preserving for Corporation, Bank and its any of their subsidiaries or affiliates, their good will and other proprietary rights, if a final judicial determination is made by a court having jurisdiction that the time or territory or any other restriction contained in this Section 10(b11(a) hereof is an unreasonable or otherwise unenforceable restriction against EmployeeExecutive, the provisions of Section 10(b11(a) hereof shall not be rendered void void, but shall be deemed amended to apply as to such maximum time and territory and to such other extent as such court may judicially determine or indicate to be reasonable.
Appears in 3 contracts
Samples: Executive Employment Agreement (Fidelity D & D Bancorp Inc), Executive Employment Agreement (Fidelity D & D Bancorp Inc), Executive Employment Agreement (Fidelity D & D Bancorp Inc)
Amendment of Restrictive Covenant. It is expressly understood and agreed that, although Employee the Executive and Bank the Employer consider the restrictions contained in Section 10(b) 11.4.1 hereof reasonable for the purpose of preserving for Bank the Employer and its subsidiaries their good will and other proprietary rights, if a final judicial determination is made by a court having jurisdiction that the time or territory or any other restriction contained in this Section 10(b) 11.4.1 hereof is an unreasonable or otherwise unenforceable restriction against Employeethe Executive, then the provisions of Section 10(b) 11.4.1 hereof shall not be rendered void but shall be deemed amended to apply as to such maximum time and territory and to such other extent as such court may judicially determine or indicate to be reasonable.
Appears in 1 contract
Samples: Split Dollar Life Insurance Agreement (WVS Financial Corp)