Common use of Breach by Executive Clause in Contracts

Breach by Executive. Executive agrees that in the event of any breach or threatened breach of the provisions of Sections 7 and 8 hereof by Executive, First Charter's remedies at law would be inadequate, and First Charter shall be entitled to an injunction (without any bond or other security being required), restraining such breach, and costs and attorneys' fees relating to any such proceeding or any other legal action to enforce the provisions of this Agreement, but nothing herein shall be construed to preclude First Charter from pursuing any other remedies at law or in equity available to it for any such breach or threatened breach. Moreover, Executive also agrees that if Executive breaches any of Sections 8 or 9 above, Executive shall forfeit at the time of the breach the right to any additional future payments or benefits under this Agreement, except to the extent such benefits or payments are vested and earned. In such case, Executive and First Charter agree that the confidential information and non-compete obligations contained in this Agreement shall remain valid and enforceable based upon the consideration actually paid.

Appears in 4 contracts

Samples: Employment Agreement (First Charter Corp /Nc/), Employment Agreement (First Charter Corp /Nc/), Employment Agreement (First Charter Corp /Nc/)

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Breach by Executive. Executive agrees that in the event of any breach or threatened breach of the provisions of Sections 7 10 and 8 11 hereof by Executive, First Charter's Fifth Third’s remedies at law would be inadequate, and First Charter Fifth Third shall be entitled to an injunction (without any bond or other security being required), restraining such breach, and costs and attorneys' fees relating to any such proceeding or any other legal action to enforce the provisions of this Agreement, but nothing herein shall be construed to preclude First Charter Fifth Third from pursuing any other remedies at law or in equity available to it for any such breach or threatened breach. Moreover, Executive also agrees that if Executive breaches any of Sections 8 10 or 9 11 above, Executive shall forfeit at the time of the breach the right to any additional future payments or benefits under this Agreement, except to the extent such benefits or payments are vested and earned. In such case, Executive and First Charter Fifth Third agree that the confidential information and non-compete obligations contained in this Agreement shall remain valid and enforceable based upon the consideration actually paid.

Appears in 3 contracts

Samples: Employment Agreement (Fifth Third Bancorp), Employment Agreement (Fifth Third Bancorp), Employment Agreement (Fifth Third Bancorp)

Breach by Executive. Executive agrees that in the event of any breach or threatened breach of the provisions of Sections 7 and 8 hereof by Executive, First Charter's ’s remedies at law would be inadequate, and First Charter shall be entitled to an injunction (without any bond or other security being required), restraining such breach, and costs and attorneys' fees relating to any such proceeding or any other legal action to enforce the provisions of this Agreement, but nothing herein shall be construed to preclude First Charter from pursuing any other remedies at law or in equity available to it for any such breach or threatened breach. Moreover, Executive also agrees that if Executive breaches any of Sections 8 or 9 above, Executive shall forfeit at the time of the breach the right to any additional future payments or benefits under this Agreement, except to the extent such benefits or payments are vested and earned. In such case, Executive and First Charter agree that the confidential information and non-compete obligations contained in this Agreement shall remain valid and enforceable based upon the consideration actually paid.

Appears in 2 contracts

Samples: Employment Agreement (First Charter Corp /Nc/), Employment Agreement (First Charter Corp /Nc/)

Breach by Executive. Executive agrees that in the event of any breach or threatened breach of the provisions of Sections 7 and 8 8-10 hereof by Executive, First Charter's remedies at law would be inadequate, and First Charter shall be entitled to an injunction (without any bond or other security being required), restraining such breach, and costs and attorneys' fees relating to any such proceeding or any other legal action to enforce the provisions of this Agreement, but nothing herein shall be construed to preclude First Charter from pursuing any other remedies at law or in equity available to it for any such breach or threatened breach. Moreover, Executive also agrees that if Executive breaches any of Sections 8 or 9 8-10 above, Executive shall forfeit at the time of the breach the right to any additional future payments or benefits under this Agreement, except to the extent such benefits or payments are vested and earned. In such case, Executive and First Charter agree that the confidential information and non-compete obligations contained in this Agreement shall remain valid and enforceable based upon the consideration actually paid.

Appears in 1 contract

Samples: Employment Agreement (First Charter Corp /Nc/)

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Breach by Executive. Executive agrees that in the event of any breach or threatened breach of the provisions of Sections 7 and 8 7-12 hereof by Executive, First Charter's ’s and the Bank’s remedies at law would be inadequate, and First Charter and/or the Bank shall be entitled to an injunction (without any bond or other security being required), restraining such breach, and costs and attorneys' fees relating to any such proceeding or any other legal action to enforce the provisions of this Agreement, but nothing herein shall be construed to preclude First Charter and/or the Bank from pursuing any other remedies at law or in equity available to it them for any such breach or threatened breach. Moreover, Executive also agrees that if Executive breaches any of Sections 8 or 9 7-12 above, Executive shall forfeit at the time of the breach the right to any additional future payments or benefits under this Agreement, except to the extent such benefits or payments are vested and earned. In such case, Executive and First Charter agree that the confidential information and non-compete obligations contained in this Agreement shall remain valid and enforceable based upon the consideration actually paid.

Appears in 1 contract

Samples: Merger Agreement (First Charter Corp /Nc/)

Breach by Executive. Executive agrees that in the event of any breach or threatened breach of the provisions of Sections 7 and 8 7-12 hereof by Executive, First Charter's and the Bank's remedies at law would be inadequate, and First Charter and/or the Bank shall be entitled to an injunction (without any bond or other security being required), restraining such breach, and costs and attorneys' fees relating to any such proceeding or any other legal action to enforce the provisions of this Agreement, but nothing herein shall be construed to preclude First Charter and/or the Bank from pursuing any other remedies at law or in equity available to it them for any such breach or threatened breach. Moreover, Executive also agrees that if Executive breaches any of Sections 8 or 9 7-12 above, Executive shall forfeit at the time of the breach the right to any additional future payments or benefits under this Agreement, except to the extent such benefits or payments are vested and earned. In such case, Executive and First Charter agree that the confidential information and non-compete obligations contained in this Agreement shall remain valid and enforceable based upon the consideration actually paid.

Appears in 1 contract

Samples: Employment Agreement (GBC Bancorp Inc)

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