Common use of NON-COMPETITION AND NON-DISCLOSURE Clause in Contracts

NON-COMPETITION AND NON-DISCLOSURE. (a) Upon any termination of Executive’s employment pursuant to Section 4 of this Agreement, Executive agrees not to compete with the Company or its subsidiaries for a period of one (1) year following such termination in any city, town or county in which Executive’s normal business office is located and the Company or any of its subsidiaries has an office or has filed an application for regulatory approval to establish an office, determined as of the effective date of such termination, except as agreed to pursuant to a resolution duly adopted by the Board of Directors. Executive agrees that during such period and within said cities, towns and counties, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Company or its subsidiaries. The parties hereto, recognizing that irreparable injury will result to the Company or its subsidiaries, its business and property in the event of Executive’s breach of this Subsection 10(a) agree that in the event of any such breach by Executive, the Company or its subsidiaries, will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s 11 partners, agents, servants, employees and all persons acting for or under the direction of Executive. Executive represents and admits that in the event of the termination of his employment pursuant to Section 4 of this Agreement, Executive’s experience and capabilities are such that Executive can obtain employment in a business engaged in other lines and/or of a different nature than the Company or its subsidiaries, and that the enforcement of a remedy by way of injunction will not prevent Executive from earning a livelihood. Nothing herein will be construed as prohibiting the Company or its subsidiaries from pursuing any other remedies available to the Company or its subsidiaries for such breach or threatened breach, including the recovery of damages from Executive. (b) Executive recognizes and acknowledges that the knowledge of the business activities and plans for business activities of the Company and its subsidiaries as it may exist from time to time, is a valuable, special and unique asset of the business of the Company and its subsidiaries. Executive will not, during or after the term of his employment, disclose any knowledge of the past, present, planned or considered business activities of the Company and its subsidiaries thereof to any person, firm, corporation, or other entity for any reason or purpose whatsoever unless expressly authorized by the Board of Directors or required by law. Notwithstanding the foregoing, Executive may disclose any knowledge of banking, financial and/or economic principles, concepts or ideas which are not solely and exclusively derived from the business plans and activities of the Company. In the event of a breach or threatened breach by Executive of the provisions of this Section 10(b), the Company will be entitled to an injunction restraining Executive from disclosing, in whole or in part, the knowledge of the past, present, planned or considered business activities of the Company or its subsidiaries or from rendering any services to any person, firm, corporation, other entity to whom such knowledge, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein will be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach, including the recovery of damages from Executive.

Appears in 1 contract

Samples: Employment Agreement (Northeast Pennsylvania Financial Corp)

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NON-COMPETITION AND NON-DISCLOSURE. (a) Upon any termination of Executive’s employment pursuant to Section 4 of this Agreement, Executive agrees not to compete with the Company Bank or its subsidiaries for a period of one (1) year following such termination in any city, town or county in which Executive’s normal business office is located and the Company Bank or any of its subsidiaries has an office or has filed an application for regulatory approval to establish an office, determined as of the effective date of such termination, except as agreed to pursuant to a resolution duly adopted by the Board of 9 Directors. Executive agrees that during such period and within said cities, towns and counties, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Company Bank or its subsidiaries. The parties hereto, recognizing that irreparable injury will result to the Company Bank or its subsidiaries, its business and property in the event of Executive’s breach of this Subsection 10(a) agree that in the event of any such breach by Executive, the Company Bank or its subsidiaries, will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s 11 partners, agents, servants, employees and all persons acting for or under the direction of Executive. Executive represents and admits that in the event of the termination of his employment pursuant to Section 4 of this Agreement, Executive’s experience and capabilities are such that Executive can obtain employment in a business engaged in other lines and/or of a different nature than the Company Bank or its subsidiaries, and that the enforcement of a remedy by way of injunction will not prevent Executive from earning a livelihood. Nothing herein will be construed as prohibiting the Company Bank or its subsidiaries from pursuing any other remedies available to the Company Bank or its subsidiaries for such breach or threatened breach, including the recovery of damages from Executive. (b) Executive recognizes and acknowledges that the knowledge of the business activities and plans for business activities of the Company Bank and its subsidiaries as it may exist from time to time, is a valuable, special and unique asset of the business of the Company Bank and its subsidiaries. Executive will not, during or after the term of his employment, disclose any knowledge of the past, present, planned or considered business activities of the Company Bank and its subsidiaries thereof to any person, firm, corporation, corporation or other entity for any reason or purpose whatsoever unless expressly authorized by the Board of Directors or required by law. Notwithstanding the foregoing, Executive may disclose any knowledge of banking, financial and/or economic principles, concepts or ideas which are not solely and exclusively derived from the business plans and activities of the CompanyBank or its subsidiaries. In the event of a breach or threatened breach by Executive of the provisions of this Section 10(b), the Company Bank will be entitled to an injunction restraining Executive from disclosing, in whole or in part, the knowledge of the past, present, planned or considered business activities of the Company Bank or its subsidiaries or from rendering any services to any person, firm, corporation, corporation or other entity to whom such knowledge, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein will be construed as prohibiting the Company Bank from pursuing any other remedies available to the Company Bank for such breach or threatened breach, including the recovery of damages from Executive.

Appears in 1 contract

Samples: Employment Agreement (Northeast Pennsylvania Financial Corp)

NON-COMPETITION AND NON-DISCLOSURE. (a) Upon any termination of Executive’s employment pursuant to Section 4 of this Agreement, Executive agrees not to compete with the Company or its subsidiaries affiliates for a period of one (1) year following such termination in any city, town or county in which Executive’s normal business office is located and the Company or any of its subsidiaries affiliates has an office or has filed an application for regulatory approval to establish an office, determined as of the effective date of such termination, except as agreed to pursuant to a resolution duly adopted by the Board of Directors. Executive agrees that during such period and within said cities, towns and counties, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Company or its subsidiariesaffiliates. The parties hereto, recognizing that irreparable injury will result to the Company or its subsidiariesaffiliates, its business and property in the event of Executive’s breach of this Subsection 10(a) ), agree that in the event of any such breach by Executive, the Company or its subsidiaries, affiliates will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s 11 partners, agents, servants, employees and all persons acting for or under " = "1" " " "" the direction of Executive. Executive represents and admits that in the event of the termination of his employment pursuant to Section 4 of this Agreement, Executive’s experience and capabilities are such that Executive can obtain employment in a business engaged in other lines and/or of a different nature than the Company or its subsidiariesaffiliates, and that the enforcement of a remedy by way of injunction will not prevent Executive from earning a livelihood. Nothing herein will be construed as prohibiting the Company or its subsidiaries affiliates from pursuing any other remedies available to the Company or its subsidiaries affiliates for such breach or threatened breach, including the recovery of damages from Executive. (b) Executive recognizes and acknowledges that the his knowledge of the business activities and plans for business activities of the Company and its subsidiaries affiliates as it may exist from time to time, is a valuable, special and unique asset of the business of the Company and its subsidiariesaffiliates. Executive will not, during or after the term of his employment, disclose any knowledge of the past, present, planned or considered business activities of the Company and its subsidiaries thereof affiliates to any person, firm, corporation, corporation or other entity for any reason or purpose whatsoever whatsoever, unless expressly authorized by the Board of Directors or required by law. Notwithstanding the foregoing, Executive may disclose any knowledge of banking, financial and/or economic principles, concepts or ideas which are not solely and exclusively derived from the business plans and activities of the CompanyCompany or its affiliates. In the event of a breach or threatened breach by Executive of the provisions of this Section 10(b), the Company will be entitled to an injunction restraining Executive from disclosing, in whole or in part, the knowledge of the past, present, planned or considered business activities of the Company or its subsidiaries affiliates or from rendering any services to any person, firm, corporation, corporation or other entity to whom such knowledge, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein will be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach, including the recovery of damages from Executive.

Appears in 1 contract

Samples: Employment Agreement (Clifton Bancorp Inc.)

NON-COMPETITION AND NON-DISCLOSURE. (a) Upon any termination of Executive’s employment pursuant to Section 4 of this Agreement, Executive agrees not to compete with the Company or its subsidiaries for a period of one (1) year following such termination in any city, town or county in which Executive’s normal business office is located and the Company or any of its subsidiaries has an office or has filed an application for regulatory approval to establish an office, determined as of the effective date of such termination, except as agreed to pursuant to a resolution duly adopted by the Board of Directors. Executive agrees that during such period and within said cities, towns and counties, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Company or its subsidiaries. The parties hereto, recognizing that irreparable injury will result to the Company or its subsidiaries, its business and property in the event of Executive’s breach of this Subsection 10(a) agree that in the event of any such breach by Executive, the Company or its subsidiaries, will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s 11 partners, agents, servants, employees and all persons acting for or under the direction of Executive. Executive represents and admits that in the event of the termination of his her employment pursuant to Section 4 of this Agreement, Executive’s experience and capabilities are such that Executive can obtain employment in a business engaged in other lines and/or of a different nature than the Company or its subsidiaries, and that the enforcement of a remedy by way of injunction will not prevent Executive from earning a livelihood. Nothing herein will be construed as prohibiting the Company or its subsidiaries from pursuing any other remedies available to the Company or its subsidiaries for such breach or threatened breach, including the recovery of damages from Executive. (b) Executive recognizes and acknowledges that the knowledge of the business activities and plans for business activities of the Company and its subsidiaries as it may exist from time to time, is a valuable, special and unique asset of the business of the Company and its subsidiaries. Executive will not, during or after the term of his her employment, disclose any knowledge of the past, present, planned or considered business activities of the Company and its subsidiaries thereof to any person, firm, corporation, corporation or other entity for any reason or purpose whatsoever unless expressly authorized by the Board of Directors or required by law. Notwithstanding the foregoing, Executive may disclose any knowledge of banking, financial and/or economic 12 principles, concepts or ideas which are not solely and exclusively derived from the business plans and activities of the CompanyCompany or its subsidiaries. In the event of a breach or threatened breach by Executive of the provisions of this Section 10(b), the Company will be entitled to an injunction restraining Executive from disclosing, in whole or in part, the knowledge of the past, present, planned or considered business activities of the Company or its subsidiaries or from rendering any services to any person, firm, corporation, corporation or other entity to whom such knowledge, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein will be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach, including the recovery of damages from Executive.

Appears in 1 contract

Samples: Employment Agreement (Northeast Pennsylvania Financial Corp)

NON-COMPETITION AND NON-DISCLOSURE. (a) Upon any termination of Executive’s employment pursuant to Section 4 of this Agreement, Executive agrees not to compete with the Company Bank or its subsidiaries for a period of one (1) year following such termination in any city, town or county in which Executive’s normal business office is located and the Company Bank or any of its subsidiaries has an office or has filed an application for regulatory approval to establish an office, determined as of the effective date of such termination, except as agreed to pursuant to a resolution duly adopted by the Board of Directors. Executive agrees that during such period and within said cities, towns and counties, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Company Bank or its subsidiaries. The parties hereto, recognizing that irreparable injury will result to the Company Bank or its subsidiaries, its business and property in the event of Executive’s breach of this Subsection 10(a) agree that in the event of any such breach by Executive, the Company Bank or its subsidiaries, will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s 11 partners, agents, servants, employees and all persons acting for or under the direction of Executive. Executive represents and admits that in the event of the termination of his her employment pursuant to Section 4 of this Agreement, Executive’s experience and capabilities are such that Executive can obtain employment in a business engaged in other lines and/or of a different nature than the Company Bank or its subsidiaries, and that the enforcement of a remedy by way of injunction will not prevent Executive from earning a livelihood. Nothing herein will be construed as prohibiting the Company Bank or its subsidiaries from pursuing any other remedies available to the Company Bank or its subsidiaries for such breach or threatened breach, including the recovery of damages from Executive. (b) Executive recognizes and acknowledges that the knowledge of the business activities and plans for business activities of the Company Bank and its subsidiaries as it may exist from time to time, is a valuable, special and unique asset of the business of the Company Bank and its subsidiaries. Executive will not, during or after the term of his her employment, disclose any knowledge of the past, present, planned or considered business activities of the Company Bank and its subsidiaries thereof to any person, firm, corporation, corporation or other entity for any reason or purpose whatsoever unless expressly authorized by the Board of Directors or required by law. Notwithstanding the foregoing, Executive may disclose any knowledge of banking, financial and/or economic principles, concepts or ideas which are not solely and exclusively derived from the business plans and activities of the CompanyBank or its subsidiaries. In the event of a breach or threatened breach by Executive of the provisions of this Section 10(b), the Company Bank will be entitled to an injunction restraining Executive from disclosing, in whole or in part, the knowledge of the past, present, planned or considered business activities of the Company Bank or its subsidiaries or from rendering any services to any person, firm, corporation, corporation or other entity to whom such knowledge, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein will be construed as prohibiting the Company Bank from pursuing any other remedies available to the Company Bank for such breach or threatened breach, including the recovery of damages from Executive.. 10

Appears in 1 contract

Samples: Employment Agreement (Northeast Pennsylvania Financial Corp)

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NON-COMPETITION AND NON-DISCLOSURE. (a) Upon any termination of Executive’s 's employment pursuant to Section 4 of this Agreement, Executive agrees not to compete with the Company Bank or its subsidiaries for a period of one (1) year following such termination in any city, town or county in which Executive’s 's normal business office is located and the Company Bank or any of its subsidiaries has an office or has filed an application for regulatory approval to establish an office, determined as of the effective date of such termination, except as agreed to pursuant to a resolution duly adopted by the Board of Directors. Executive agrees that during such period and within said cities, towns and counties, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Company Bank or its subsidiaries. The parties hereto, recognizing that irreparable injury will result to the Company Bank or its subsidiaries, its business and property in the event of Executive’s 's breach of this Subsection 10(a) ), agree that in the event of any such breach by Executive, the Company Bank or its subsidiaries, will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s 11 's partners, agents, servants, employees and all persons acting for or under the direction of Executive. Executive represents and admits that in the event of the termination of his employment pursuant to Section 4 of this Agreement, Executive’s 's experience and capabilities are such that Executive can obtain employment in a business engaged in other lines and/or of a different nature than the Company Bank or its subsidiaries, and that the enforcement of a remedy by way of injunction will not prevent Executive from earning a livelihood. Nothing herein will be construed as prohibiting the Company Bank or its subsidiaries from pursuing any other remedies available to the Company Bank or its subsidiaries for such breach or threatened breach, including the recovery of damages from Executive. (b) Executive recognizes and acknowledges that the his knowledge of the business activities and plans for business activities of the Company Bank and its subsidiaries as it may exist from time to time, is a valuable, special and unique asset of the business of the Company Bank and its subsidiaries. Executive will not, during or after the term of his employment, disclose any knowledge of the past, present, planned or considered business activities of the Company Bank and its subsidiaries thereof to any person, firm, corporation, corporation or other entity for any reason or purpose whatsoever unless expressly authorized by the Board of Directors or required by law. Notwithstanding the foregoing, Executive may disclose any knowledge of banking, financial and/or economic principles, concepts or ideas which are not solely and exclusively derived from the business plans and activities of the CompanyBank or its subsidiaries. In the event of a breach or threatened breach by Executive of the provisions of this Section 10(b), the Company Bank will be entitled to an injunction restraining Executive from disclosing, in whole or in part, the knowledge of the past, present, planned or considered business activities of the Company Bank or its subsidiaries or from rendering any services to any person, firm, corporation, corporation or other entity to whom such knowledge, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein will be construed as prohibiting the Company Bank from pursuing any other remedies available to the Company Bank for such breach or threatened breach, including the recovery of damages from Executive.

Appears in 1 contract

Samples: Employment Agreement (Clifton Savings Bancorp Inc)

NON-COMPETITION AND NON-DISCLOSURE. (a) Upon any termination of Executive’s 's employment pursuant to Section 4 of this Agreement, Executive agrees not to compete with the Company or its subsidiaries for a period of one (1) year following such termination in any city, town or county in which Executive’s 's normal business office is located and the Company or any of its subsidiaries has an office or has filed an application for regulatory approval to establish an office, determined as of the effective date of such termination, except as agreed to pursuant to a resolution duly adopted by the Board of Directors. Executive agrees that during such period and within said cities, towns and counties, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Company or its subsidiaries. The parties hereto, recognizing that irreparable injury will result to the Company or its subsidiaries, its business and property in the event of Executive’s 's breach of this Subsection 10(a) ), agree that in the event of any such breach by Executive, the Company or its subsidiaries, subsidiaries will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s 11 's partners, agents, servants, employees and all persons acting for or under the direction of Executive. Executive represents and admits that in the event of the termination of his employment pursuant to Section 4 of this Agreement, Executive’s 's experience and capabilities are such that Executive can obtain employment in a business engaged in other lines and/or of a different nature than the Company or its subsidiaries, and that the enforcement of a remedy by way of injunction will not prevent Executive from earning a livelihood. Nothing herein will be construed as prohibiting the Company or its subsidiaries from pursuing any other remedies available to the Company or its subsidiaries for such breach or threatened breach, including the recovery of damages from Executive. (b) Executive recognizes and acknowledges that the his knowledge of the business activities and plans for business activities of the Company and its subsidiaries as it may exist from time to time, is a valuable, special and unique asset of the business of the Company and its subsidiaries. Executive will not, during or after the term of his employment, disclose any knowledge of the past, present, planned or considered business activities of the Company and its subsidiaries thereof to any person, firm, corporation, corporation or other entity for any reason or purpose whatsoever unless expressly authorized by the Board of Directors or required by law. Notwithstanding the foregoing, Executive may disclose any knowledge of banking, financial and/or economic principles, concepts or ideas which are not solely and exclusively derived from the business plans and activities of the CompanyCompany or its subsidiaries. In the event of a breach or threatened breach by Executive of the provisions of this Section 10(b), the Company will be entitled to an injunction restraining Executive from disclosing, in whole or in part, the knowledge of the past, present, planned or considered business activities of the Company or its subsidiaries or from rendering any services to any person, firm, corporation, corporation or other entity to whom such knowledge, in whole or in part, has been disclosed or is threatened to be disclosed. Nothing herein will be construed as prohibiting the Company from pursuing any other remedies available to the Company for such breach or threatened breach, including the recovery of damages from Executive.

Appears in 1 contract

Samples: Employment Agreement (Clifton Savings Bancorp Inc)

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