Common use of Loyalty; Noncompetition Clause in Contracts

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in North or South Carolina, or within 50 miles of any Bank office operated during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes with the Bank or any of ACB’s subsidiaries without the prior written consent of ACB; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s employment is unilaterally terminated by the Bank for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a “Termination Event” (as such term is defined in Paragraph 10(b) hereof) following a “Change of Control” (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank or any subsidiary of either received by him during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACB. The Officer agrees that he will be liable to the Bank for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his possession or under his control which relate to the activities of the Bank or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his duties and responsibilities under this Agreement; provided however that the parties acknowledge that the Officer currently serves and will continue to serve as a referee for the National Football League. The parties agree to continue to use reasonable efforts to minimize any business disruptions for the Employer related to the Officer's service as a referee during the football season. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years one year after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in North or South Carolina, or within 50 15 miles of any Bank office operated operating during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business financial institution which competes with the Bank Employer or any of ACB’s its subsidiaries without the prior written consent of ACBthe Employer; provided, however, that the provisions of this Paragraph shall not apply in the event (i) the Officer’s 's employment is unilaterally terminated by the Bank Employer for Cause, Cause (as such term is defined in Paragraph 8(c) hereof), (ii) or in the event the Officer terminates his employment with the Bank after the occurrence of a Employer for “Termination Eventgood reason” (as such term is defined in Paragraph 10(b) hereof) following a “Change of in Control” (as such term is defined in Paragraph 10(d) hereof), or (iii) the Officer's employment is terminated under the circumstances described in Paragraph 9(a). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-over the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank Employer or any subsidiary of either received by him the Officer during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Employer. The Officer agrees that he will be liable to the Bank Employer for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to to, return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank Employer or any subsidiary in his possession or under his control which relate to the activities of the Bank Employer or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two [two] years after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in Iredell County, North or South Carolina, or within 50 15 miles of any Bank office operated opened during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes with the Bank Employer or any of ACB’s its subsidiaries without the prior written consent of ACBthe Employer; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s employment is unilaterally terminated by the Bank Employer for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a Employer for “Termination Eventgood reason” (as such term is defined in Paragraph 10(b) hereof) following a “Change of in Control” (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-over the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank Employer or any subsidiary of either received by him the Officer during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Employer. The Officer agrees that he will be liable to the Bank Employer for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to to, return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank Employer or any subsidiary in his possession or under his control which relate to the activities of the Bank Employer or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in Forsyth, Surry, Xxxxxx and Yadkin Counties, North or South Carolina, or within 50 15 miles of any Bank office operated during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes with the Bank or any of ACB’s its subsidiaries without the prior written consent of ACBthe Bank; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s 's employment is unilaterally terminated by the Bank for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a “"Termination Event” " (as such term is defined in Paragraph 10(b) hereof) following a “"Change of Control” " (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank or any subsidiary of either received by him during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Bank. The Officer agrees that he will be liable to the Bank for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his possession or under his control which relate to the activities of the Bank or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his the Officer’s duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years one year after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in Iredell County, North or South Carolina, or within 50 30 miles of any Bank office operated opened during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes with the Bank or any of ACB’s its subsidiaries without the prior written consent of ACBthe Bank; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s employment is unilaterally terminated by the Bank for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a “Termination Event” (as such term is defined in Paragraph 10(b) hereof) following a “Change of Control” (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank or any subsidiary of either received by him the Officer during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Bank. The Officer agrees that he will be liable to the Bank for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his possession or under his control which relate to the activities of the Bank or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his her full efforts and entire business time to the performance of his her duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years after termination, the Officer agrees he she will not, within contiguous counties of branch locations of FNB or ACB in Forsyth, Surry, Xxxxxx and Yadkin Counties, North or South Carolina, or within 50 15 miles of any Bank office operated during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes with the Bank or any of ACB’s its subsidiaries without the prior written consent of ACBthe Bank; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s 's employment is terminated by the Officer, unilaterally terminated by the Bank for Cause, (as such term is defined in Paragraph 8(c) hereof) ), or in the event the Officer terminates his her employment with the Bank after the occurrence of a “"Termination Event” " (as such term is defined in Paragraph 10(b) hereof) following a “"Change of Control” " (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the counter market. (c) The Officer agrees he she will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank or any subsidiary of either received by him her during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Bank. The Officer agrees that he she will be liable to the Bank for any damages caused by unauthorized disclosure of such information. Upon termination of his her employment, the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his her possession or under his her control which relate to the activities of the Bank or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his the Officer’s duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years one year after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in North or South Carolina, or within 50 miles of any Bank office operated during the term of this Agreement, “Restricted Area,” directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected engage in any manner with any business which that competes with the Bank or any of ACB’s its subsidiaries without the prior written consent of ACBthe Bank; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s employment is unilaterally terminated by the Bank for for. Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a “Termination Event” (as such term is defined in Paragraph 10(b) hereof) following a “Change of Control” (as such term is defined in Paragraph 10(d) hereof). The Restricted Area covers the following divisible list of territories: Lincoln County, North Carolina, or within 30 miles of any Bank office operated during the term of this Agreement. The one-year restricted period, however, does not include any period of violation or period of time required for litigation to enforce the Officer’s agreement not to compete against the Bank. Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which that has its securities publicly traded on any recognized securities exchange or in any over-the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank or any subsidiary of either received by him the Officer during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Bank. The Officer agrees that he will be liable to the Bank for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his possession or under his control which relate to the activities of the Bank or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his the Officer's duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years one year after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in Wake County, North or South Carolina, or within 50 15 miles of any Bank office operated opened during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes with the Bank or any of ACB’s its subsidiaries without the prior written consent of ACBthe Bank; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s 's employment is unilaterally terminated by the Bank for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a “"Termination Event” " (as such term is defined in Paragraph 10(b) hereof) following a “"Change of Control” " (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or 2 other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank or any subsidiary of either received by him the Officer during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Bank. The Officer agrees that he will be liable to the Bank for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his possession or under his control which relate to the activities of the Bank or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereofOfficer’s employment with the Employer, and for a period of two years after termination36 months thereafter, or during any period the Employer is paying the Officer severance under Sections 12 or 14 if longer than 36 months, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in Durham County, North or South Carolina, or within 50 miles a 15-mile radius of any Bank Employer office operated during under the term supervision of this Agreementthe Officer (the “Territory”), directly or indirectly, own, manage, operate, join, control control, assist in the formation of, or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes (or, in the case of the formation of a new bank, will compete) with the Bank Company or any of ACB’s subsidiaries the Employer (a “Competing Business”) without the prior written consent of ACB; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s employment is unilaterally terminated by the Bank for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a “Termination Event” (as such term is defined in Paragraph 10(b) hereof) following a “Change of Control” (as such term is defined in Paragraph 10(d) hereof)Employer. Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent 5% of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the the-counter market. (c) The During the Officer’s employment with the Employer, and for a period of 36 months thereafter, or during any period the Employer is paying the Officer agrees he will hold in confidence all knowledge severance under Sections 12 or information of a confidential nature with respect to the business of ACB of FNB14 if longer than 36 months, the Bank Officer shall not (except on behalf of or any subsidiary of either received by him during the term of this Agreement and will not disclose or make use of such information without with the prior written consent of ACB. The Officer agrees the Employer), either directly or indirectly, on the Officer’s own behalf or in the service or on behalf of others, (A) solicit, divert, or appropriate to or for a Competing Business, or (B) attempt to solicit, divert, or appropriate to or for a Competing Business, any person or entity that he will be liable to is or was a customer of the Bank for any damages caused by unauthorized disclosure Company or the Employer on the date of such information. Upon termination of his employment, and with whom the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his possession or under his control which relate to the activities of the Bank or any subsidiaryhas had material contact. (d) During the Officer’s employment with the Employer, and for a period of 36 months thereafter, or during any period the Employer is paying the Officer severance under Sections 12 or 14 if longer than 36 months, the Officer shall not, either directly or indirectly, on the Officer’s own behalf or in the service or on behalf of others, (A) solicit, divert, or hire away, or (B) attempt to solicit, divert, or hire away, to any Competing Business located in the Territory, any employee of or consultant to the Company or the Employer, regardless of whether the employee or consultant is full-time or temporary, the employment or engagement is pursuant to written agreement, or the employment is for a determined period or is at will. (e) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph Section 6. The Officer agrees that, in the event of a breach of this Paragraph Section 6, injunctive relief enforcing the terms of this Paragraph Section 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph Section 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially. The Officer and the Employer hereby agree that they will negotiate in good faith to amend this Agreement from time to time to modify the terms of Sections 6(b), (c) and (d) as may be necessary to reflect changes in the Employer’s business and affairs so that the scope of the limitations placed on the Officer’s activities by Section 6 accomplishes the parties’ intent in relation to the then current facts and circumstances. Any such amendment shall be effective only when completed in writing and signed by the Officer and the Employer.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years one year after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in North or South Carolina, or within 50 15 miles of any Bank office operated operating during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business financial institution which competes with the Bank Employer or any of ACB’s its subsidiaries without the prior written consent of ACBthe Employer; provided, however, that the provisions of this Paragraph shall not apply in the event (i) the Officer’s employment is unilaterally terminated by the Bank Employer for Cause, (as such term is defined in Paragraph 8(c) hereof), (ii) or in the event the Officer terminates his employment with the Bank after the occurrence of a Employer for “Termination Eventgood reason” (as such term is defined in Paragraph 10(b) hereof) following a “Change of in Control” (as such term is defined in Paragraph 10(d) hereof), or (iii) the Officer’s employment is terminated under the circumstances described in Paragraph 9(a). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-over the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank Employer or any subsidiary of either received by him the Officer during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Employer. The Officer agrees that he will be liable to the Bank Employer for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to to, return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank Employer or any subsidiary in his possession or under his control which relate to the activities of the Bank Employer or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer During the term of this Agreement, the Executive shall devote his full efforts and entire business time to the performance of his duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years after terminationthe periods stated below, the Officer Executive agrees he be will not, within contiguous counties of branch locations of FNB or ACB in North or South Carolina, or within 50 miles of any Bank office operated during the term of this Agreement, not directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business depository financial institution which competes with the Bank or any of ACBits subsidiaries in its market area, defined as that geographic area within 35 miles of any office of the Bank that is open for business on the date Executive’s subsidiaries employment terminates as provided herein, or is specifically scheduled by the Bank to be open for business within 6 months of the date Executive’s employment with the Bank terminates as provided herein, without the prior written consent of ACB; provided, however, that the provisions Bank. (i) If Executive voluntarily resigns from the employment of the Bank under any circumstances other than following receipt of Notice of Termination of this Paragraph Agreement, the restrictions stated herein shall apply during the twelve months (365 days) immediately following the date of termination of Executive’s employment. (ii) If Executive’s employment terminates for any reason other than as provided in subparagraph (i) hereof, the restrictions stated herein shall not apply in the event the Officer’s employment is unilaterally terminated by the Bank for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a “Termination Event” (as such term is defined in Paragraph 10(b) hereof) following a “Change of Control” (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the counter marketapply. (c) The Officer Executive agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNBthe Bank, the Bank or any subsidiary of either subsidiary, received by him during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Bank. The Officer Executive agrees that he will be liable to the Bank for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer Executive agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his possession or under his control which relate to the activities of the Bank or any subsidiary. (d) The Officer Executive acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer Executive under the provisions of this Paragraph 65. The Officer Executive agrees that, in the event of a breach of this Paragraph 65, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 5 is determined to be too broad by any court of competent jurisdictionjurisdiction to be too broad, then such restriction shall be enforced to the maximum extent permitted by law and the Officer Executive consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two [two] years after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in Iredell County, North or South Carolina, or within 50 15 miles of any Bank office operated opened during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes with the Bank or any of ACB’s its subsidiaries without the prior written consent of ACBthe Bank; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s employment is unilaterally terminated by the Bank for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a “Termination Event” (as such term is defined in Paragraph 10(b) hereof) following a “Change of Control” (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank or any subsidiary of either received by him during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Bank. The Officer agrees that he will be liable to the Bank for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his possession or under his control which relate to the activities of the Bank or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer shall devote his her full efforts and entire business time to the performance of his her duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years after termination, the Officer agrees he she will not, within contiguous counties of branch locations of FNB or ACB in Iredell County, North or South Carolina, or within 50 15 miles of any Bank office operated opened during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business financial institution which competes with the Bank Employer or any of ACB’s its subsidiaries without the prior written consent of ACBthe Employer; provided, however, that the provisions of this Paragraph shall not apply in the event (i) the Officer’s employment is unilaterally terminated by the Bank Employer for Cause, (as such term is defined in Paragraph 8(c) hereof), (ii) or in the event the Officer terminates his her employment with the Bank after the occurrence of a Employer for “Termination Eventgood reason” (as such term is defined in Paragraph 10(b) hereof) following a “Change of in Control” (as such term is defined in Paragraph 10(d) hereof), or (iii) the Officer’s employment is terminated under the circumstances described in Paragraph 9(a). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-over the counter market. (c) The Officer agrees he she will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank Employer or any subsidiary of either received by him the Officer during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Employer. The Officer agrees that he she will be liable to the Bank Employer for any damages caused by unauthorized disclosure of such information. Upon termination of his her employment, the Officer agrees to to, return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank Employer or any subsidiary in his her possession or under his her control which relate to the activities of the Bank Employer or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.

Loyalty; Noncompetition. (a) The Officer During the period of his employment hereunder and except for illnesses, reasonable vacation periods, and reasonable leaves of absence, the Employee shall devote all his full business time, attention, skill, and efforts and entire business time to the faithful performance of his duties to the Company and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in North or South Carolina, or within 50 miles of any Bank office operated during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes with the Bank or any of ACB’s subsidiaries without the prior written consent of ACBhereunder and/or to their affiliates; provided, however, that from time to time, the Employee may serve on the boards of directors of, and hold any other offices or positions in, companies or organizations which will not present, in the reasonable opinion of the Board, any conflict of interest with the Company or the Bank or any of its subsidiaries or affiliates, or unfavorably affect the performance of the Employee's duties pursuant to this Agreement, or will not violate any applicable statute or regulation. "Full business time" is hereby defined as that amount of time usually devoted to like companies by similarly situated executive officers. During the term of his employment under this Agreement, the Employee shall not engage in any business or activity contrary to the business affairs or interests of the Company, the Bank and/or their affiliates, or be gainfully employed in any other position or job other than as provided above. (b) In consideration of his right to receive the payments described in this Agreement, the Employee covenants and agrees that, for the period beginning on the voluntary termination of his employment hereunder pursuant to Section 9(f) or 11(b)(2) hereof and ending 12 months after the effective date of such termination, he shall not: (i) within Walkxx xxx Jeffxxxxx Xxxnties, Alabama, engage directly or indirectly, as an individual, in partnership, or through any corporation or unincorporated association as an owner, proprietor, director, officer, other employee, consultant, agent, representative or otherwise, in any business which directly competes with the Company, the Bank or their successors in interest, in any line of business or component thereof; or (ii) recruit or solicit for employment any current or future employee of the Company, the Bank or any of their successors in interest. The provisions of this Paragraph Section 6(b) shall not apply in the event the Officer’s employment is unilaterally terminated by the Bank for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence survive any termination of a “Termination Event” (as such term is defined in Paragraph 10(b) hereof) following a “Change of Control” (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the counter marketthis Agreement. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNB, the Bank or any subsidiary of either received by him during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACB. The Officer agrees that he will be liable to the Bank for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank or any subsidiary in his possession or under his control which relate to the activities of the Bank or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction Nothing contained in this Paragraph Section 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced deemed to prevent or limit the maximum extent permitted by law and Employee's right to invest in the Officer consents capital stock or other securities of any business dissimilar from that of the scope of this restriction may be modified judiciallyCompany or the Bank, or, solely as a passive or minority investor, in any business.

Loyalty; Noncompetition. (a) The Officer shall devote his full efforts and entire business time to the performance of his the Officer’s duties and responsibilities under this Agreement. (b) During the term of this Agreement, or any renewals thereof, and for a period of two years one year after termination, the Officer agrees he will not, within contiguous counties of branch locations of FNB or ACB in Iredell County, North or South Carolina, or within 50 30 miles of any Bank office operated opened during the term of this Agreement, directly or indirectly, own, manage, operate, join, control or participate in the management, operation or control of, or be employed by or connected in any manner with any business which competes with the Bank Employer or any of ACB’s its subsidiaries without the prior written consent of ACBthe Employer; provided, however, that the provisions of this Paragraph shall not apply in the event the Officer’s employment is unilaterally terminated by the Bank Employer for Cause, (as such term is defined in Paragraph 8(c) hereof) or in the event the Officer terminates his employment with the Bank after the occurrence of a Employer for “Termination Eventgood reason” (as such term is defined in Paragraph 10(b) hereof) following a “Change of in Control” (as such term is defined in Paragraph 10(d) hereof). Notwithstanding the foregoing, the Officer shall be free, without such consent, to purchase or hold as an investment or otherwise, up to five percent of the outstanding stock or other security of any corporation which has its securities publicly traded on any recognized securities exchange or in any over-the counter market. (c) The Officer agrees he will hold in confidence all knowledge or information of a confidential nature with respect to the business of ACB of FNBof, the Bank Employer or any subsidiary of either received by him the Officer during the term of this Agreement and will not disclose or make use of such information without the prior written consent of ACBthe Bank. The Officer agrees that he will be liable to the Bank Employer for any damages caused by unauthorized disclosure of such information. Upon termination of his employment, the Officer agrees to return all autos, computer, equipment, policy manuals, privileged information or records or copies thereof of the Bank Employer or any subsidiary in his possession or under his control which relate to the activities of the Bank Employer or any subsidiary. (d) The Officer acknowledges that it would not be possible to ascertain the amount of monetary damages in the event of a breach by the Officer under the provisions of this Paragraph 6. The Officer agrees that, in the event of a breach of this Paragraph 6, injunctive relief enforcing the terms of this Paragraph 6 is an appropriate remedy. If the scope of any restriction contained in this Paragraph 6 is determined to be too broad by any court of competent jurisdiction, then such restriction shall be enforced to the maximum extent permitted by law and the Officer consents that the scope of this restriction may be modified judicially.