Common use of Enforcement; Remedies; Blue Pencil Clause in Contracts

Enforcement; Remedies; Blue Pencil. Employee acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 are fundamental and essential for the protection of the Company’s and the Affiliated Companies’ legitimate business and proprietary interests, and the Affiliated Companies (other than the Company) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on Employee; and (4) in the event of any violation by Employee of any of such provisions, the Company and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 by Employee, the Company and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits as contemplated under § 7(D). If any of the covenants set forth in this § 5 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 7 contracts

Samples: Employment and Non Competition Agreement (First Financial Bancorp /Oh/), Employment And (First Financial Bancorp /Oh/), Employment And (First Financial Bancorp /Oh/)

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Enforcement; Remedies; Blue Pencil. Employee Executive acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § Section 5 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § Section 5 are fundamental and essential for the protection of the Company’s and the Affiliated Companies’ legitimate business and proprietary interests, and the Affiliated Companies (other than the Company) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeExecutive; and (4) in the event of any violation by Employee Executive of any of such provisions, the Company and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § Section 5 by EmployeeExecutive, the Company and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits as contemplated under § 7(D)Section 3. If any of the covenants set forth in this § Section 5 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 4 contracts

Samples: Severance and Change in Control Agreement (First Financial Bancorp /Oh/), Severance and Change in Control Agreement (First Financial Bancorp /Oh/), Severance and Change in Control Agreement (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Grantee acknowledges that: (1i) the various covenants, restrictions, and obligations set forth in this § 5 Section 13 are separate and independent obligations, and may be enforced separately or in any combination; (2ii) the provisions of this § 5 Section 13 are fundamental and essential for the protection of the Company’s Corporation's and the Affiliated Companies' legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyCorporation) are intended third-party beneficiaries of such provisions; (3iii) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeGrantee; and (4iv) in the event of any violation by Employee Grantee of any of such provisions, the Company Corporation and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 Section 13 by EmployeeGrantee, the Company Corporation and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits issuance of stock awards as contemplated under § 7(D)Section 6. If any of the covenants set forth in this § 5 Section 13 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 3 contracts

Samples: Agreement for Restricted Stock Award (First Financial Bancorp /Oh/), Agreement for Restricted Stock Award (First Financial Bancorp /Oh/), Agreement for Restricted Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Participant acknowledges that: (1i) the various covenants, restrictions, and obligations set forth in this § 5 Section 13 are separate and independent obligations, and may be enforced separately or in any combination; (2ii) the provisions of this § 5 Section 13 are fundamental and essential for the protection of the Company’s First Financial's and the Affiliated Companies' legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyFirst Financial) are intended third-party beneficiaries of such provisions; (3iii) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeParticipant; and (4iv) in the event of any violation by Employee Participant of any of such provisions, the Company First Financial and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 Section 13 by EmployeeParticipant, the Company First Financial and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits issuance of stock awards as contemplated under § 7(D)Section 6. If any of the covenants set forth in this § 5 Section 13 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 3 contracts

Samples: Agreement for Performance Stock Award (First Financial Bancorp /Oh/), Agreement for Performance Stock Award (First Financial Bancorp /Oh/), Agreement for Performance Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Participant acknowledges that: (1i) the various covenants, restrictions, and obligations set forth in this § 5 Section 14 are separate and independent obligations, and may be enforced separately or in any combination; (2ii) the provisions of this § 5 Section 14 are fundamental and essential for the protection of the Company’s First Financial's and the Affiliated Companies' legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyFirst Financial) are intended third-party beneficiaries of such provisions; (3iii) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeParticipant; and (4iv) in the event of any violation by Employee Participant of any of such provisions, the Company First Financial and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 Section 14 by EmployeeParticipant, the Company First Financial and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits issuance of stock awards as contemplated under § 7(D)Section 7. If any of the covenants set forth in this § 5 Section 14 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 2 contracts

Samples: Agreement for Performance Stock Award (First Financial Bancorp /Oh/), Agreement for Performance Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Grantee acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 Section 12 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 Section 12 are fundamental and essential for the protection of the CompanyCorporation’s and the Affiliated Companies’ legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyCorporation) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeGrantee; and (4) in the event of any violation by Employee Grantee of any of such provisions, the Company Corporation and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 Section 12 by EmployeeGrantee, the Company Corporation and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits issuance of stock awards as contemplated under § 7(D)Section 5. If any of the covenants set forth in this § 5 Section 12 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 2 contracts

Samples: Agreement for Restricted Stock Award (First Financial Bancorp /Oh/), Agreement for Restricted Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Participant acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 Section 13 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 Section 13 are fundamental and essential for the protection of the CompanyFirst Financial’s and the Affiliated Companies’ legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyFirst Financial) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeParticipant; and (4) in the event of any violation by Employee Participant of any of such provisions, the Company First Financial and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 Section 13 by EmployeeParticipant, the Company First Financial and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits issuance of stock awards as contemplated under § 7(D)Section 6. If any of the covenants set forth in this § 5 Section 13 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 2 contracts

Samples: Agreement for Performance Stock Award (First Financial Bancorp /Oh/), Agreement for Performance Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 are fundamental and essential for the protection of the Company’s 's and the Affiliated Companies' legitimate business and proprietary interests, and the Affiliated Companies (other than the Company) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on Employee; and (4) in the event of any violation by Employee of any of such provisions, the Company and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 by Employee, the Company and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits as contemplated under § 7(D). If any of the covenants set forth in this § 5 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 1 contract

Samples: Employment And (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Participant acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 13 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 13 are fundamental and essential for the protection of the Company’s First Financial's and the Affiliated Companies' legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyFirst Financial) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeParticipant; and (4) in the event of any violation by Employee Participant of any of such provisions, the Company First Financial and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 13 by EmployeeParticipant, the Company First Financial and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits as contemplated under § 7(D)the. If any of the covenants set forth in this § 5 13 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 1 contract

Samples: Agreement for Restricted Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 are fundamental and essential for the protection of the Company’s 's and the Affiliated Companies' legitimate business and proprietary interests, and the Affiliated Companies (other than the Company) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on Employee; and (4) in the event of any violation by Employee of any of such provisions, the Company and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 by Employee, the Company and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits as contemplated under § 7(D). If any of the covenants set forth in this § 5 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby. § 6.

Appears in 1 contract

Samples: Employment and Non Competition Agreement

Enforcement; Remedies; Blue Pencil. Employee acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 are fundamental and essential for the protection of the Company’s and the Affiliated Companies’ legitimate business and proprietary interests, and the Affiliated Companies (other than the Company) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on Employee; and (4) in the event of any violation by Employee of any of such provisions, the Company and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 by Employee, the Company and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments Severance Benefits and the benefits as contemplated provided under § 7(D7(A). Should Employee breach the terms of this § 5, such violation will extend the time period applicable to §§ 5 (B), (C), and (D) by a length of time equal to the time that Employee is in breach. If any of the covenants set forth in this § 5 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 1 contract

Samples: Employment And (First Financial Bancorp /Oh/)

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Enforcement; Remedies; Blue Pencil. Employee Participant acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 13 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 13 are fundamental and essential for the protection of the CompanyFirst Financial’s and the Affiliated Companies’ legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyFirst Financial) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeParticipant; and (4) in the event of any violation by Employee Participant of any of such provisions, the Company First Financial and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 13 by EmployeeParticipant, the Company First Financial and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits as contemplated under § 7(D)the. If any of the covenants set forth in this § 5 13 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 1 contract

Samples: Performance Based Vesting (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Grantee acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 13 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 13 are fundamental and essential for the protection of the Company’s Corporation's and the Affiliated Companies' legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyCorporation) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeGrantee; and (4) in the event of any violation by Employee Grantee of any of such provisions, the Company Corporation and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 13 by EmployeeGrantee, the Company Corporation and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits as contemplated under § 7(D)the. If any of the covenants set forth in this § 5 13 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 1 contract

Samples: Agreement for Restricted Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Grantee acknowledges that: (1i) the various covenants, restrictions, and obligations set forth in this § 5 Section 14 are separate and independent obligations, and may be enforced separately or in any combination; (2ii) the provisions of this § 5 Section 14 are fundamental and essential for the protection of the Company’s Corporation's and the Affiliated Companies' legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyCorporation) are intended third-party beneficiaries of such provisions; (3iii) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeGrantee; and (4iv) in the event of any violation by Employee Grantee of any of such provisions, the Company Corporation and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 Section 14 by EmployeeGrantee, the Company Corporation and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits issuance of stock awards as contemplated under § 7(D)Section 7. If any of the covenants set forth in this § 5 Section 14 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 1 contract

Samples: Agreement for Restricted Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Grantee acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 12 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 12 are fundamental and essential for the protection of the Company’s Corporation's and the Affiliated Companies' legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyCorporation) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeGrantee; and (4) in the event of any violation by Employee Grantee of any of such provisions, the Company Corporation and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 12 by EmployeeGrantee, the Company Corporation and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits as contemplated under § 7(D)the. If any of the covenants set forth in this § 5 12 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 1 contract

Samples: Agreement for Restricted Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Grantee acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 12 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 12 are fundamental and essential for the protection of the CompanyCorporation’s and the Affiliated Companies’ legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyCorporation) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeGrantee; and (4) in the event of any violation by Employee Grantee of any of such provisions, the Company Corporation and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 12 by EmployeeGrantee, the Company Corporation and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits as contemplated under § 7(D)the. If any of the covenants set forth in this § 5 12 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 1 contract

Samples: Agreement for Restricted Stock Award (First Financial Bancorp /Oh/)

Enforcement; Remedies; Blue Pencil. Employee Participant acknowledges that: (1) the various covenants, restrictions, and obligations set forth in this § 5 13 are separate and independent obligations, and may be enforced separately or in any combination; (2) the provisions of this § 5 13 are fundamental and essential for the protection of the CompanyFirst Financial’s and the Affiliated Companies’ legitimate business and proprietary interests, and the Affiliated Companies (other than the CompanyFirst Financial) are intended third-party beneficiaries of such provisions; (3) such provisions are reasonable and appropriate in all respects and impose no undue hardship on EmployeeParticipant; and (4) in the event of any violation by Employee Participant of any of such provisions, the Company First Financial and, if applicable, the Affiliated Companies, will suffer irreparable harm and their remedies at law may be inadequate. In the event of any violation or attempted violation of any provision of this § 5 13 by EmployeeParticipant, the Company First Financial and the Affiliated Companies, or any of them, as the case may be, shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond, in addition to any other rights or remedies that may then be available to them, including, without limitation, money damages and the cessation of the payment or provision of the severance payments and benefits issuance of stock awards as contemplated under § 7(D)6. If any of the covenants set forth in this § 5 13 is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such covenant shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining such covenants shall not be affected thereby.

Appears in 1 contract

Samples: Agreement for Performance Stock Award (First Financial Bancorp /Oh/)

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