Common use of Judicial Remedies Clause in Contracts

Judicial Remedies. In the event of a breach or threatened breach by the Director of any provision of these restrictions, the Director recognizes the substantial and immediate harm that a breach or threatened breach will impose upon the Company or any of its subsidiaries or Affiliates, and further recognizes that in such event monetary damages may be inadequate to fully protect the Company or any of its subsidiaries or Affiliates. Accordingly, in the event of a breach or threatened breach of the provisions of this Agreement, the Director consents to the Company’s or any of its subsidiaries’ entitlement to such ex parte, preliminary, interlocutory, temporary or permanent injunctive, or any other equitable relief, protecting and fully enforcing the Company’ or any of its subsidiaries’ rights hereunder and preventing the Director from further breaching any of his obligations set forth herein. The Director expressly waives any requirement, based on any statute, rule of procedure, or other source, that the Company or any of its subsidiaries or Affiliates post a bond as a condition of obtaining any of the above-described remedies. Nothing herein shall be construed as prohibiting the Company or any of its subsidiaries or Affiliates from pursuing any other remedies available to the Company or any of its subsidiaries or Affiliates at law or in equity for such breach or threatened breach, including the recovery of damages from the Director. The Director expressly acknowledges and agrees that: (i) the restrictions set forth in Section 7.4 are reasonable, in terms of scope, duration, geographic area, and otherwise, (ii) the protections afforded the Company or any of its subsidiaries or Affiliates in

Judicial Remedies. In the event of a breach or threatened breach by the Director of any provision of these restrictions, the Director recognizes the substantial and immediate harm that a breach or threatened breach will impose upon the Company or any of its subsidiaries or Affiliates, and further recognizes that in such event monetary damages may be inadequate to fully protect the Company or any of its subsidiaries or Affiliates. Accordingly, in the event of a breach or threatened breach of the provisions of this Agreement, the Director consents to the Company’s or any of its subsidiaries’ entitlement to such ex parte, preliminary, interlocutory, temporary or permanent injunctive, or any other equitable relief, protecting and fully enforcing the Company’ or any of its subsidiaries’ rights hereunder and preventing the Director from further breaching any of his obligations set forth herein. The Director expressly waives any requirement, based on any statute, rule of procedure, or other source, that the Company or any of its subsidiaries or Affiliates post a bond as a condition of obtaining any of the above-described remedies. Nothing herein shall be construed as prohibiting the Company or any of its subsidiaries or Affiliates from pursuing any other remedies available to the Company or any of its subsidiaries or Affiliates at law or in equity for such breach or threatened breach, including the recovery of damages from the Director. The Director expressly acknowledges and agrees that: (i) the restrictions set forth in Section 7.4 are reasonable, in terms of scope, duration, geographic area, and otherwise, (ii) the protections afforded the Company or any of its subsidiaries or Affiliates inin Section 7.4 are necessary to protect its legitimate business interest, (iii) the restrictions set forth in Section 7.4 will not be materially adverse to the Director’s service with the Company, and (iv) his agreement to observe such restrictions forms a material part of the consideration for this Agreement.

Judicial Remedies. In the event of a breach or threatened breach by the Director Executive of any provision of these restrictions, the Director Executive recognizes the substantial and immediate harm that a breach or threatened breach will impose upon the Company Bank or any of its subsidiaries or Affiliates, and further recognizes that in such event monetary damages may be inadequate to fully protect the Company Bank or any of its subsidiaries or Affiliates. Accordingly, in the event of a breach or threatened breach of the provisions of this Agreement, the Director Executive consents to the CompanyBank’s or any of its subsidiaries’ entitlement to such ex parte, preliminary, interlocutory, temporary or permanent injunctive, or any other equitable relief, protecting and fully enforcing the CompanyBank’ or any of its subsidiaries’ rights hereunder and preventing the Director Executive from further breaching any of his obligations set forth herein. The Director Executive expressly waives any requirement, based on any statute, rule of procedure, or other source, that the Company Bank or any of its subsidiaries or Affiliates post a bond as a condition of obtaining any of the above-described remedies. Nothing herein shall be he construed as prohibiting the Company Bank or any of its subsidiaries or Affiliates from pursuing any other remedies available to the Company Bank or any of its subsidiaries or Affiliates at law or in equity for such breach or threatened breach, including the recovery of damages from the Director. The Director expressly acknowledges and agrees that: (i) the restrictions set forth in Section 7.4 are reasonable, in terms of scope, duration, geographic area, and otherwise, (ii) the protections afforded the Company or any of its subsidiaries or Affiliates inExecutive.