Common use of Injunctive Relief and Other Remedies Clause in Contracts

Injunctive Relief and Other Remedies. Xxxxx recognizes and understands that the Bank may not have an adequate remedy at law for the breach or threatened breach by Xxxxx of the confidentiality, intellectual property and post-employment restrictions set forth in this Agreement and Xxxxx agrees that in the event of any such breach, the Bank may, in addition to the other remedies which may be available to it, file a suit to enjoin Xxxxx from violation and breach of this Agreement. In the event the Bank obtains a permanent injunction against him after notice and the opportunity to appear, Xxxxx will be liable to pay all costs, including reasonable attorneys’ fees, which the Bank may incur in enforcing, to any extent, the provisions of this Agreement, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Bank in any action to enforce this Agreement and which affirms and/or results in a permanent injunction. Any proceedings brought to enforce Paragraphs 10, 11 or 14 this Agreement shall be brought in the courts of Mahoning County, Ohio and Xxxxx expressly waives any objection or defense relating to jurisdiction or forum non-conveniens or similar doctrine or theory. Xxxxx acknowledges and agrees that the remedy at law for any breach of Paragraphs 10, 11 or 14 of this Agreement will be inadequate, and that the Bank shall be entitled to injunctive relief without bond. Such injunctive relief shall not be exclusive, but shall be in addition to any other rights or remedies which the Bank may have for any such breach. In addition to the injunctive remedies described herein, Xxxxx acknowledges and agrees that in the event of a final judicial determination against Xxxxx with respect to an actual or threatened breach by him of Paragraphs 10, 11 or 14 of this Agreement, the Bank shall be entitled to withhold any remaining Severance Payments payable under Paragraph 13 of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Farmers National Banc Corp /Oh/), Employment Agreement (Farmers National Banc Corp /Oh/)

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Injunctive Relief and Other Remedies. Xxxxx Xxxx recognizes and understands that the Bank may not have an adequate remedy at law for the breach or threatened breach by Xxxxx Xxxx of the confidentiality, intellectual property and post-employment restrictions set forth in this Agreement and Xxxxx Xxxx agrees that in the event of any such breach, the Bank may, in addition to the other remedies which may be available to it, file a suit to enjoin Xxxxx Xxxx from violation and breach of this Agreement. In the event the Bank obtains a permanent injunction against him after notice and the opportunity to appear, Xxxxx Xxxx will be liable to pay all costs, including reasonable attorneys’ fees, which the Bank may incur in enforcing, to any extent, the provisions of this Agreement, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Bank in any action to enforce this Agreement and which affirms and/or results in a permanent injunction. Any proceedings brought to enforce Paragraphs 10, 11 or 14 this Agreement shall be brought in the courts of Mahoning County, Ohio and Xxxxx Xxxx expressly waives any objection or defense relating to jurisdiction or forum non-conveniens or similar doctrine or theory. Xxxxx Xxxx acknowledges and agrees that the remedy at law for any breach of Paragraphs 10, 11 or 14 of this Agreement will be inadequate, and that the Bank shall be entitled to injunctive relief without bond. Such injunctive relief shall not be exclusive, but shall be in addition to any other rights or remedies which the Bank may have for any such breach. In addition to the injunctive remedies described herein, Xxxxx Xxxx acknowledges and agrees that in the event of a final judicial determination against Xxxxx Xxxx with respect to an actual or threatened breach by him of Paragraphs 10, 11 or 14 of this Agreement, the Bank shall be entitled to withhold any remaining Severance Payments payable under Paragraph 13 of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Farmers National Banc Corp /Oh/)

Injunctive Relief and Other Remedies. Xxxxx Xxxxxx recognizes and understands that the Bank may not have an adequate remedy at law for the breach or threatened breach by Xxxxx Xxxxxx of the confidentiality, intellectual property and post-employment restrictions set forth in this Agreement and Xxxxx Xxxxxx agrees that in the event of any such breach, the Bank may, in addition to the other remedies which may be available to it, file a suit to enjoin Xxxxx Xxxxxx from violation and breach of this Agreement. In the event the Bank obtains a permanent injunction against him after notice and the opportunity to appear, Xxxxx Xxxxxx will be liable to pay all costs, including reasonable attorneys’ fees, which the Bank may incur in enforcing, to any extent, the provisions of this Agreement, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Bank in any action to enforce this Agreement and which affirms and/or results in a permanent injunction. Any proceedings brought to enforce Paragraphs 10, 11 or 14 this Agreement shall be brought in the courts of Mahoning County, Ohio and Xxxxx Xxxxxx expressly waives any objection or defense relating to jurisdiction or forum non-conveniens or similar doctrine or theory. Xxxxx Xxxxxx acknowledges and agrees that the remedy at law for any breach of Paragraphs 10, 11 or 14 of this Agreement will be inadequate, and that the Bank shall be entitled to injunctive relief without bond. Such injunctive relief shall not be exclusive, but shall be in addition to any other rights or remedies which the Bank may have for any such breach. In addition to the injunctive remedies described herein, Xxxxx Xxxxxx acknowledges and agrees that in the event of a final judicial determination against Xxxxx Xxxxxx with respect to an actual or threatened breach by him of Paragraphs 10, 11 or 14 of this Agreement, the Bank shall be entitled to withhold any remaining Severance Payments payable under Paragraph 13 of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Farmers National Banc Corp /Oh/)

Injunctive Relief and Other Remedies. Xxxxx Xxxxxxx recognizes and understands that the Bank may not have an adequate remedy at law for the breach or threatened breach by Xxxxx Xxxxxxx of the confidentiality, intellectual property and post-employment restrictions set forth in this Agreement and Xxxxx Xxxxxxx agrees that in the event of any such breach, the Bank may, in addition to the other remedies which may be available to it, file a suit to enjoin Xxxxx Xxxxxxx from violation and breach of this Agreement. In the event the Bank obtains a permanent injunction against him Xxxxxxx after notice and the opportunity to appear, Xxxxx Xxxxxxx will be liable to pay all costs, including reasonable attorneys’ fees, which the Bank may incur in enforcing, to any extent, the provisions of this Agreement, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Bank in any action to enforce this Agreement and which affirms and/or results in a permanent injunction. Any proceedings brought to enforce Paragraphs 10, 11 or 14 this Agreement shall be brought in the courts of Mahoning County, Ohio and Xxxxx Xxxxxxx expressly waives any objection or defense relating to jurisdiction or forum non-conveniens or similar doctrine or theory. Xxxxx Xxxxxxx acknowledges and agrees that the remedy at law for any breach of Paragraphs 10, 11 or 14 of this Agreement will be inadequate, and that the Bank shall be entitled to injunctive relief without bond. Such injunctive relief shall not be exclusive, but shall be in addition to any other rights or remedies which the Bank may have for any such breach. In addition to the injunctive remedies described herein, Xxxxx Xxxxxxx acknowledges and agrees that in the event of a final judicial determination against Xxxxx Xxxxxxx with respect to an actual or threatened breach by him Xxxxxxx of Paragraphs 10, 11 or 14 of this Agreement, the Bank shall be entitled to withhold any remaining Severance Payments payable under Paragraph 13 of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Farmers National Banc Corp /Oh/)

Injunctive Relief and Other Remedies. Xxxxx recognizes and understands that the Bank may not have an adequate remedy at law for the breach or threatened breach by Xxxxx of the confidentiality, intellectual property and post-employment restrictions set forth in this Agreement and Xxxxx agrees that in the event of any such breach, the Bank may, in addition to the other remedies which may be available to it, file a suit to enjoin Xxxxx from violation and breach of this Agreement. In the event the Bank obtains a permanent injunction against him Xxxxx after notice and the opportunity to appear, Xxxxx will be liable to pay all costs, including reasonable attorneys’ fees, which the Bank may incur in enforcing, to any extent, the provisions of this Agreement, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Bank in any action to enforce this Agreement and which affirms and/or results in a permanent injunction. Any proceedings brought to enforce Paragraphs 10, 11 or 14 this Agreement shall be brought in the courts of Mahoning County, Ohio and Xxxxx expressly waives any objection or defense relating to jurisdiction or forum non-conveniens or similar doctrine or theory. Xxxxx acknowledges and agrees that the remedy at law for any breach of Paragraphs 10, 11 or 14 of this Agreement will be inadequate, and that the Bank shall be entitled to injunctive relief without bond. Such injunctive relief shall not be exclusive, but shall be in addition to any other rights or remedies which the Bank may have for any such breach. In addition to the injunctive remedies described herein, Xxxxx acknowledges and agrees that in the event of a final judicial determination against Xxxxx with respect to an actual or threatened breach by him Xxxxx of Paragraphs 10, 11 or 14 of this Agreement, the Bank shall be entitled to withhold any remaining Severance Payments payable under Paragraph 13 of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Farmers National Banc Corp /Oh/)

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Injunctive Relief and Other Remedies. Xxxxx NEO recognizes and understands that the Bank may not have an adequate remedy at law for the breach or threatened breach by Xxxxx NEO of the confidentiality, intellectual property and post-employment restrictions set forth in this Agreement and Xxxxx NEO agrees that in the event of any such breach, the Bank may, in addition to the other remedies which may be available to it, file a suit to enjoin Xxxxx NEO from violation and breach of this Agreement. In the event the Bank obtains a permanent injunction against him after notice and the opportunity to appear, Xxxxx NEO will be liable to pay all costs, including reasonable attorneys’ fees, which the Bank may incur in enforcing, to any extent, the provisions of this Agreement, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Bank in any action to enforce this Agreement and which affirms and/or results in a permanent injunction. Any proceedings brought to enforce Paragraphs 10, 11 or 14 this Agreement shall be brought in the courts of Mahoning County, Ohio and Xxxxx NEO expressly waives any objection or defense relating to jurisdiction or forum non-conveniens or similar doctrine or theory. Xxxxx NEO acknowledges and agrees that the remedy at law for any breach of Paragraphs 10, 11 or 14 of this Agreement will be inadequate, and that the Bank shall be entitled to injunctive relief without bond. Such injunctive relief shall not be exclusive, but shall be in addition to any other rights or remedies which the Bank may have for any such breach. In addition to the injunctive remedies described herein, Xxxxx NEO acknowledges and agrees that in the event of a final judicial determination against Xxxxx NEO with respect to an actual or threatened breach by him of Paragraphs 10, 11 or 14 of this Agreement, the Bank shall be entitled to withhold any remaining Severance Payments payable under Paragraph 13 of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Farmers National Banc Corp /Oh/)

Injunctive Relief and Other Remedies. Xxxxx Xxxx recognizes and understands that the Bank may not have an adequate remedy at law for the breach or threatened breach by Xxxxx Xxxx of the confidentiality, intellectual property and post-employment restrictions set forth in this Agreement and Xxxxx Xxxx agrees that in the event of any such breach, the Bank may, in addition to the other remedies which may be available to it, file a suit to enjoin Xxxxx Xxxx from violation and breach of this Agreement. In the event the Bank obtains a permanent injunction against him Xxxx after notice and the opportunity to appear, Xxxxx Xxxx will be liable to pay all costs, including reasonable attorneys’ fees, which the Bank may incur in enforcing, to any extent, the provisions of this Agreement, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Bank in any action to enforce this Agreement and which affirms and/or results in a permanent injunction. Any proceedings brought to enforce Paragraphs 10, 11 or 14 this Agreement shall be brought in the courts of Mahoning County, Ohio and Xxxxx Xxxx expressly waives any objection or defense relating to jurisdiction or forum non-conveniens or similar doctrine or theory. Xxxxx Xxxx acknowledges and agrees that the remedy at law for any breach of Paragraphs 10, 11 or 14 of this Agreement will be inadequate, and that the Bank shall be entitled to injunctive relief without bond. Such injunctive relief shall not be exclusive, but shall be in addition to any other rights or remedies which the Bank may have for any such breach. In addition to the injunctive remedies described herein, Xxxxx Xxxx acknowledges and agrees that in the event of a final judicial determination against Xxxxx Xxxx with respect to an actual or threatened breach by him Xxxx of Paragraphs 10, 11 or 14 of this Agreement, the Bank shall be entitled to withhold any remaining Severance Payments payable under Paragraph 13 of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Farmers National Banc Corp /Oh/)

Injunctive Relief and Other Remedies. Xxxxx Xxxxxx recognizes and understands that the Bank may not have an adequate remedy at law for the breach or threatened breach by Xxxxx Xxxxxx of the confidentiality, intellectual property and post-employment restrictions set forth in this Agreement and Xxxxx Xxxxxx agrees that in the event of any such breach, the Bank may, in addition to the other remedies which may be available to it, file a suit to enjoin Xxxxx Xxxxxx from violation and breach of this Agreement. In the event the Bank obtains a permanent injunction against him Xxxxxx after notice and the opportunity to appear, Xxxxx Xxxxxx will be liable to pay all costs, including reasonable attorneys’ fees, which the Bank may incur in enforcing, to any extent, the provisions of this Agreement, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Bank in any action to enforce this Agreement and which affirms and/or results in a permanent injunction. Any proceedings brought to enforce Paragraphs 10, 11 or 14 this Agreement shall be brought in the courts of Mahoning County, Ohio and Xxxxx Xxxxxx expressly waives any objection or defense relating to jurisdiction or forum non-conveniens or similar doctrine or theory. Xxxxx Xxxxxx acknowledges and agrees that the remedy at law for any breach of Paragraphs 10, 11 or 14 of this Agreement will be inadequate, and that the Bank shall be entitled to injunctive relief without bond. Such injunctive relief shall not be exclusive, but shall be in addition to any other rights or remedies which the Bank may have for any such breach. In addition to the injunctive remedies described herein, Xxxxx Xxxxxx acknowledges and agrees that in the event of a final judicial determination against Xxxxx Xxxxxx with respect to an actual or threatened breach by him Xxxxxx of Paragraphs 10, 11 or 14 of this Agreement, the Bank shall be entitled to withhold any remaining Severance Payments payable under Paragraph 13 of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Farmers National Banc Corp /Oh/)

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