Common use of Enforcement; Injunctive Relief Clause in Contracts

Enforcement; Injunctive Relief. The Executive acknowledges that he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 6 through 8 and 11. The Executive agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information and other legitimate interests of the Company Group; that each and every one of those restraints is reasonable in respect to subject matter, length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive is bound by these restraints. Without intending to limit the remedies available to the Company, including, but not limited to, those set forth in Section 5(h), the Executive agrees that a breach of any of the covenants contained in Section 6, 7, 8 or 11 may result in material and irreparable injury to the Company Group for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from engaging in activities prohibited by the covenants contained in Sections 6 through 8 and 11 or such other relief as may be required specifically to enforce any of the covenants contained in this Agreement. Such injunctive relief in any court shall be available to the Company in lieu of, or prior to or pending determination in, any proceeding. The parties further agree that, in the event that any provision of Section 6, 7, 8 or 11 shall be determined by any court of competent jurisdiction to be unenforceable for any reason, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Employment Agreement (Guaranty Bancorp), Employment Agreement (Guaranty Bancorp)

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Enforcement; Injunctive Relief. The Executive acknowledges that he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 6 through 8 9 and 1112. The Executive agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information and other legitimate interests of the Company Bank Group; that each and every one of those restraints is reasonable in respect to subject matter, length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive is bound by these restraints. Without intending to limit the remedies available to the CompanyBank, including, but not limited to, those set forth in Section 5(h5(b), the Executive agrees that a breach of any of the covenants contained in Section 6, 7, 8 8, 9 or 11 12 may result in material and irreparable injury to the Company Bank Group for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company Bank shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from engaging in activities prohibited by the covenants contained in Sections 6 through 8 9 and 11 12 or such other relief as may be required specifically to enforce any of the covenants contained in this Agreement. Such injunctive relief in any court shall be available to the Company Bank in lieu of, or prior to or pending determination in, any proceeding. The parties further agree that, in the event that any provision of Section 6, 7, 8 8, 9 or 11 12 shall be determined by any court of competent jurisdiction to be unenforceable for any reason, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Employment Agreement (Guaranty Bancorp)

Enforcement; Injunctive Relief. The Executive Employee acknowledges that he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 6 through 8 4 and 115. The Executive Employee agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information and other legitimate interests of the Company GroupBank; that each and every one of those restraints is reasonable in every respect including, but not limited to subject matter, matter and length of time and geographic areatime; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive Employee is bound by these restraints. Without intending to limit the remedies available to the Company, including, but not limited to, those set forth in Section 5(h)Bank, the Executive Employee agrees that a breach of any of the covenants contained in Section 6, 7, 8 4 or 11 5 may result in material and irreparable injury to the Company Group Bank for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company Bank shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive Employee from engaging in activities prohibited by the covenants contained in Sections 6 through 8 4 and 11 5 or such other relief as may be required specifically to enforce any of the covenants contained in this Agreement. Such injunctive relief in any court shall be available to the Company Bank in lieu of, or prior to or pending determination in, any proceeding. The parties further agree that, in the event that any provision of Section 6, 7, 8 4 or 11 5 shall be determined by any court of competent jurisdiction to be unenforceable for any reason, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Merger Agreement (Guaranty Bancorp)

Enforcement; Injunctive Relief. The Executive Employee acknowledges that he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 6 through 8 3 and 114. The Executive Employee agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information and other legitimate interests of the Company GroupBank; that each and every one of those restraints is reasonable in every respect including, but not limited to subject matter, matter and length of time and geographic areatime; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive Employee is bound by these restraints. Without intending to limit the remedies available to the Company, including, but not limited to, those set forth in Section 5(h)Bank, the Executive Employee agrees that a breach of any of the covenants contained in Section 6, 7, 8 3 or 11 4 may result in material and irreparable injury to the Company Group Bank for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company Bank shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive Employee from engaging in activities prohibited by the covenants contained in Sections 6 through 8 3 and 11 4 or such other relief as may be required specifically to enforce any of the covenants contained in this Agreement. Such injunctive relief in any court shall be available to the Company Bank in lieu of, or prior to or pending determination in, any proceeding. The parties further agree that, in the event that any provision of Section 6, 7, 8 3 or 11 4 shall be determined by any court of competent jurisdiction to be unenforceable for any reason, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Merger Agreement (Guaranty Bancorp)

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Enforcement; Injunctive Relief. The Executive acknowledges that he has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 6 5 through 8 7 and 1110. The Executive agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information and other legitimate interests of the Company Bank Group; that each and every one of those restraints is reasonable in respect to subject matter, length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive is bound by these restraints. Without intending to limit the remedies available to the Company, including, but not limited to, those set forth in Section 5(h)Home State Bank, the Executive agrees that a breach of any of the covenants contained in Section 5, 6, 7, 8 7 or 11 10 may result in material and irreparable injury to the Company Bank Group for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Company Home State Bank shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the Executive from engaging in activities prohibited by the covenants contained in Sections 6 5 through 8 7 and 11 10 or such other relief as may be required specifically to enforce any of the covenants contained in this Agreement. Such injunctive relief in any court shall be available to the Company Home State Bank in lieu of, or prior to or pending determination in, any proceeding. The parties further agree that, in the event that any provision of Section 5, 6, 7, 8 7 or 11 10 shall be determined by any court of competent jurisdiction to be unenforceable for any reason, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

Appears in 1 contract

Samples: Termination of Employment Agreement and Release (Guaranty Bancorp)

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