Common use of Notice of Breach and Remedies Clause in Contracts

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Group and each Xxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI unless and until SIFI is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI seeks relief in court, the Xxxxxxx Group and each Xxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Group and/or any Xxxxxxx Group Member or any assertion by the Xxxxxxx Group and/or any Xxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI irreparable harm, then SIFI shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Group and each Xxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI irreparable harm. If, after such thirty (30) business day period, SIFI has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Group or each Xxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFI. SIFI expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx Group or any Xxxxxxx Group Member unless and until the Xxxxxxx Group and each Xxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Group or any Xxxxxxx Group Member seeks relief in court, SIFI irrevocably stipulates that any failure to perform by SIFI or any assertion by SIFI that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx Group and each Xxxxxxx Group Member irreparable harm, then the Xxxxxxx Group or any Xxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI shall not deny or contest that such circumstances would cause the Xxxxxxx Group and each Xxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx Group or the Xxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI may terminate this Agreement by delivery of written notice to the Xxxxxxx Group and each Xxxxxxx Group Member.

Appears in 1 contract

Samples: Agreement (SI Financial Group, Inc.)

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Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI Seneca unless and until SIFI Seneca is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Seneca seeks relief in court, the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx The Xxxxxxxxx Group and/or any Xxxxxxx Xxxxxxxx Group Member or any assertion by the Xxxxxxx The Xxxxxxxx Group and/or any Xxxxxxx Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI Seneca irreparable harm, then SIFI that Seneca shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI Seneca irreparable harm. If, after such thirty (30) business day period, SIFI Seneca has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx The Xxxxxxxx Group or each Xxxxxxx Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFISeneca. SIFI Seneca expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx The Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member unless and until the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx The Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member seeks relief in court, SIFI Seneca irrevocably stipulates that any failure to perform by SIFI Seneca or any assertion by SIFI Seneca that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irreparable harm, then the Xxxxxxx that The Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Seneca shall not deny or contest that such circumstances would cause the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx The Xxxxxxxx Group or the Xxxxxxx Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI Seneca may terminate this Agreement by delivery of written notice to the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member.

Appears in 1 contract

Samples: Settlement Agreement (Generations Bancorp NY, Inc.)

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Group and Group, each Xxxxxxx Group Member and the Nominee expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI Cheviot unless and until SIFI Cheviot is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Cheviot seeks relief in court, the Xxxxxxx Group and Group, each Xxxxxxx Group Member and the Nominee irrevocably stipulate that any failure to perform by the Xxxxxxx Group and/or Group, any Xxxxxxx Group Member and/or the Nominee or any assertion by the Xxxxxxx Group and/or Group, any Xxxxxxx Group Member and/or the Nominee that they are excused from performing their obligations under this Agreement because it would cause SIFI Cheviot irreparable harm, then SIFI Cheviot shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Group and Group, each Xxxxxxx Group Member and the Nominee shall not deny or contest that such circumstances would cause SIFI Cheviot irreparable harm. If, after such thirty (30) business day period, SIFI Cheviot has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Group or Group, each Xxxxxxx Group Member or the Nominee may terminate this Agreement by delivery of written notice to SIFICheviot. SIFI Cheviot expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx Group or Group, any Xxxxxxx Group Member or the Nominee unless and until the Xxxxxxx Group and Group, each Xxxxxxx Group Member and the Nominee is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Group or Group, any Xxxxxxx Group Member or the Nominee seeks relief in court, SIFI Cheviot irrevocably stipulates that any failure to perform by SIFI Cheviot or any assertion by SIFI Cheviot that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx Group and Group, each Xxxxxxx Group Member and the Nominee irreparable harm, then the Xxxxxxx Group or Group, any Xxxxxxx Group Member or the Nominee shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Cheviot shall not deny or contest that such circumstances would cause the Xxxxxxx Group and Group, each Xxxxxxx Group Member and the Nominee irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx Group or Group, the Xxxxxxx Group Member or the Nominee has not either reasonably cured such material breach or obtained relief in court, SIFI Cheviot may terminate this Agreement by delivery of written notice to the Xxxxxxx Group and Group, each Xxxxxxx Group MemberMember and the Nominee.

Appears in 1 contract

Samples: Agreement (Cheviot Financial Corp.)

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Settlement Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Settlement Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Settlement Agreement as a result of any material breach by SIFI Prudential unless and until SIFI Prudential is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Prudential seeks relief in court, the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Sxxxxxxxx Group and/or any Xxxxxxx Sxxxxxxx Group Member or any assertion by the Xxxxxxx Sxxxxxxx Group and/or any Xxxxxxx Sxxxxxxx Group Member that they are excused from performing their obligations under this Settlement Agreement because it would cause SIFI Prudential irreparable harm, then SIFI that Prudential shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI Prudential irreparable harm. If, after such thirty (30) business day period, SIFI Prudential has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Sxxxxxxx Group or each Xxxxxxx Sxxxxxxx Group Member may terminate this Settlement Agreement by delivery of written notice to SIFIPrudential. SIFI Prudential expressly agrees that it will not be excused or claim to be excused from performance under this Settlement Agreement as a result of any material breach by the Xxxxxxx Sxxxxxxx Group or any Xxxxxxx Sxxxxxxx Group Member unless and until the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Sxxxxxxx Group or any Xxxxxxx Sxxxxxxx Group Member seeks relief in court, SIFI Prudential irrevocably stipulates that any failure to perform by SIFI Prudential or any assertion by SIFI Prudential that it is excused from performing its obligations under this Settlement Agreement because it would cause the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member irreparable harm, then that the Xxxxxxx Sxxxxxxx Group or any Xxxxxxx Sxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Prudential shall not deny or contest that such circumstances would cause the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx Sxxxxxxx Group or the Xxxxxxx Sxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI Prudential may terminate this Settlement Agreement by delivery of written notice to the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member.

Appears in 1 contract

Samples: Settlement Agreement (Prudential Bancorp Inc of Pennsylvania)

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI Colonial unless and until SIFI Colonial is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Colonial seeks relief in court, the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx The Xxxxxxxxx Group and/or any Xxxxxxx Xxxxxxxx Group Member or any assertion by the Xxxxxxx The Xxxxxxxx Group and/or any Xxxxxxx Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI Colonial irreparable harm, then SIFI that Colonial shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI Colonial irreparable harm. If, after such thirty (30) business day period, SIFI Colonial has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx The Xxxxxxxx Group or each Xxxxxxx Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFIColonial. SIFI Colonial expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx The Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member unless and until the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx The Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member seeks relief in court, SIFI Colonial irrevocably stipulates that any failure to perform by SIFI Colonial or any assertion by SIFI Colonial that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irreparable harm, then the Xxxxxxx that The Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Colonial shall not deny or contest that such circumstances would cause the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx The Xxxxxxxx Group or the Xxxxxxx Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI Colonial may terminate this Agreement by delivery of written notice to the Xxxxxxx The Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member.

Appears in 1 contract

Samples: Settlement Agreement (Colonial Financial Services, Inc.)

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI Malvern unless and until SIFI Malvern is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Malvern seeks relief in court, the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Sxxxxxxxx Group and/or any Xxxxxxx Sxxxxxxx Group Member or any assertion by the Xxxxxxx Sxxxxxxx Group and/or any Xxxxxxx Sxxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI Malvern irreparable harm, then SIFI that Malvern shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI Malvern irreparable harm. If, after such thirty (30) business day period, SIFI Malvern has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Sxxxxxxx Group or each Xxxxxxx Sxxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFIMalvern. SIFI Malvern expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx Sxxxxxxx Group or any Xxxxxxx Sxxxxxxx Group Member unless and until the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Sxxxxxxx Group or any Xxxxxxx Sxxxxxxx Group Member seeks relief in court, SIFI Malvern irrevocably stipulates that any failure to perform by SIFI Malvern or any assertion by SIFI Malvern that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member irreparable harm, then that the Xxxxxxx Sxxxxxxx Group or any Xxxxxxx Sxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Malvern shall not deny or contest that such circumstances would cause the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx Sxxxxxxx Group or the Xxxxxxx Sxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI Malvern may terminate this Agreement by delivery of written notice to the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member.

Appears in 1 contract

Samples: Standstill Agreement (Malvern Bancorp, Inc.)

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI Naugatuck Valley unless and until SIFI Naugatuck Valley is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Naugatuck Valley seeks relief in court, the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Sxxxxxxx Group and/or any Xxxxxxx Sxxxxxxx Group Member or any assertion by the Xxxxxxx Sxxxxxxx Group and/or any Xxxxxxx Sxxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI Naugatuck Valley irreparable harm, then SIFI that Naugatuck Valley shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI Naugatuck Valley irreparable harm. If, after such thirty (30) business day period, SIFI Naugatuck Valley has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Sxxxxxxx Group or each Xxxxxxx Sxxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFINaugatuck Valley. SIFI Naugatuck Valley expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx Sxxxxxxx Group or any Xxxxxxx Sxxxxxxx Group Member unless and until the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Sxxxxxxx Group or any Xxxxxxx Sxxxxxxx Group Member seeks relief in court, SIFI Naugatuck Valley irrevocably stipulates that any failure to perform by SIFI Naugatuck Valley or any assertion by SIFI Naugatuck Valley that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member irreparable harm, then that the Xxxxxxx Sxxxxxxx Group or any Xxxxxxx Sxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Naugatuck Valley shall not deny or contest that such circumstances would cause the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx Sxxxxxxx Group or the Xxxxxxx Sxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI Naugatuck Valley may terminate this Agreement by delivery of written notice to the Xxxxxxx Sxxxxxxx Group and each Xxxxxxx Sxxxxxxx Group Member.

Appears in 1 contract

Samples: Standstill Agreement (Naugatuck Valley Financial Corp)

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Group and each Xxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI ASB unless and until SIFI ASB is given written notice of such breach and allowed thirty (30) 30 business days either to cure such breach or seek relief in court. If SIFI ASB seeks relief in court, the Xxxxxxx Group and each Xxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Group and/or any Xxxxxxx Group Member or any assertion by the Xxxxxxx Group and/or any Xxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI ASB irreparable harm, then SIFI ASB shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Group and each Xxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI ASB irreparable harm. If, after such thirty (30) 30 business day period, SIFI ASB has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Group or each Xxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFIASB. SIFI ASB expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx Group or any Xxxxxxx Group Member unless and until the Xxxxxxx Group and each Xxxxxxx Group Member is given written notice of such breach and allowed thirty (30) 30 business days either to cure such breach or seek relief in court. If the Xxxxxxx Group or any Xxxxxxx Group Member seeks relief in court, SIFI ASB irrevocably stipulates that any failure to perform by SIFI ASB or any assertion by SIFI ASB that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx Group and each Xxxxxxx Group Member irreparable harm, then the Xxxxxxx Group or any Xxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI ASB shall not deny or contest that such circumstances would cause the Xxxxxxx Group and each Xxxxxxx Group Member irreparable harm. If, after such thirty (30) 30 business day period, the Xxxxxxx Group or the Xxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI ASB may terminate this Agreement by delivery of written notice to the Xxxxxxx Group and each Xxxxxxx Group Member.

Appears in 1 contract

Samples: Agreement (ASB Bancorp Inc)

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Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI Naugatuck Valley unless and until SIFI Naugatuck Valley is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Naugatuck Valley seeks relief in court, the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Xxxxxxxx Group and/or any Xxxxxxx Xxxxxxxx Group Member or any assertion by the Xxxxxxx Xxxxxxxx Group and/or any Xxxxxxx Xxxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI Naugatuck Valley irreparable harm, then SIFI that Naugatuck Valley shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI Naugatuck Valley irreparable harm. If, after such thirty (30) business day period, SIFI Naugatuck Valley has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Xxxxxxxx Group or each Xxxxxxx Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFINaugatuck Valley. SIFI Naugatuck Valley expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member unless and until the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member seeks relief in court, SIFI Naugatuck Valley irrevocably stipulates that any failure to perform by SIFI Naugatuck Valley or any assertion by SIFI Naugatuck Valley that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irreparable harm, then that the Xxxxxxx Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Naugatuck Valley shall not deny or contest that such circumstances would cause the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx Xxxxxxxx Group or the Xxxxxxx Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI Naugatuck Valley may terminate this Agreement by delivery of written notice to the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member.

Appears in 1 contract

Samples: Standstill Agreement (Stilwell Joseph)

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI Naugatuck Valley unless and until SIFI Naugatuck Valley is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Naugatuck Valley seeks relief in court, the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Sxxxxxx Group and/or any Xxxxxxx Sxxxxxx Group Member or any assertion by the Xxxxxxx Sxxxxxx Group and/or any Xxxxxxx Sxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI Naugatuck Valley irreparable harm, then SIFI that Naugatuck Valley shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI Naugatuck Valley irreparable harm. If, after such thirty (30) business day period, SIFI Naugatuck Valley has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Sxxxxxx Group or each Xxxxxxx Sxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFINaugatuck Valley. SIFI Naugatuck Valley expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx Sxxxxxx Group or any Xxxxxxx Sxxxxxx Group Member unless and until the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Sxxxxxx Group or any Xxxxxxx Sxxxxxx Group Member seeks relief in court, SIFI Naugatuck Valley irrevocably stipulates that any failure to perform by SIFI Naugatuck Valley or any assertion by SIFI Naugatuck Valley that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member irreparable harm, then that the Xxxxxxx Sxxxxxx Group or any Xxxxxxx Sxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Naugatuck Valley shall not deny or contest that such circumstances would cause the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx Sxxxxxx Group or the Xxxxxxx Sxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI Naugatuck Valley may terminate this Agreement by delivery of written notice to the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member.

Appears in 1 contract

Samples: Non Disclosure Agreement (Naugatuck Valley Financial Corp)

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Settlement Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Settlement Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Settlement Agreement as a result of any material breach by SIFI Prudential unless and until SIFI Prudential is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Prudential seeks relief in court, the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Xxxxxxxxx Group and/or any Xxxxxxx Xxxxxxxx Group Member or any assertion by the Xxxxxxx Xxxxxxxx Group and/or any Xxxxxxx Xxxxxxxx Group Member that they are excused from performing their obligations under this Settlement Agreement because it would cause SIFI Prudential irreparable harm, then SIFI that Prudential shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI Prudential irreparable harm. If, after such thirty (30) business day period, SIFI Prudential has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Xxxxxxxx Group or each Xxxxxxx Xxxxxxxx Group Member may terminate this Settlement Agreement by delivery of written notice to SIFIPrudential. SIFI Prudential expressly agrees that it will not be excused or claim to be excused from performance under this Settlement Agreement as a result of any material breach by the Xxxxxxx Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member unless and until the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member seeks relief in court, SIFI Prudential irrevocably stipulates that any failure to perform by SIFI Prudential or any assertion by SIFI Prudential that it is excused from performing its obligations under this Settlement Agreement because it would cause the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irreparable harm, then that the Xxxxxxx Xxxxxxxx Group or any Xxxxxxx Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Prudential shall not deny or contest that such circumstances would cause the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx Xxxxxxxx Group or the Xxxxxxx Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI Prudential may terminate this Settlement Agreement by delivery of written notice to the Xxxxxxx Xxxxxxxx Group and each Xxxxxxx Xxxxxxxx Group Member.

Appears in 1 contract

Samples: Settlement Agreement (Stilwell Joseph)

Notice of Breach and Remedies. The parties expressly agree that an actual or threatened breach of this Agreement by any party will give rise to irreparable injury that cannot adequately be compensated by damages. Accordingly, in addition to any other remedy to which it may be entitled, each party shall be entitled to seek a temporary restraining order or injunctive relief to prevent a breach of the provisions of this Agreement or to secure specific enforcement of its terms and provisions. The Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member expressly agree that they will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by SIFI Prudential unless and until SIFI Prudential is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If SIFI Prudential seeks relief in court, the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member irrevocably stipulate that any failure to perform by the Xxxxxxx Sxxxxxx Group and/or any Xxxxxxx Sxxxxxx Group Member or any assertion by the Xxxxxxx Sxxxxxx Group and/or any Xxxxxxx Sxxxxxx Group Member that they are excused from performing their obligations under this Agreement because it would cause SIFI Prudential irreparable harm, then SIFI Prudential shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member shall not deny or contest that such circumstances would cause SIFI Prudential irreparable harm. If, after such thirty (30) business day period, SIFI Prudential has not either reasonably cured such material breach or obtained relief in court, the Xxxxxxx Sxxxxxx Group or each Xxxxxxx Sxxxxxx Group Member may terminate this Agreement by delivery of written notice to SIFIPrudential. SIFI Prudential expressly agrees that it will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by the Xxxxxxx Sxxxxxx Group or any Xxxxxxx Sxxxxxx Group Member unless and until the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member is given written notice of such breach and allowed thirty (30) business days either to cure such breach or seek relief in court. If the Xxxxxxx Sxxxxxx Group or any Xxxxxxx Sxxxxxx Group Member seeks relief in court, SIFI Prudential irrevocably stipulates that any failure to perform by SIFI Prudential or any assertion by SIFI Prudential that it is excused from performing its obligations under this Agreement because it would cause the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member irreparable harm, then the Xxxxxxx Sxxxxxx Group or any Xxxxxxx Sxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that SIFI Prudential shall not deny or contest that such circumstances would cause the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the Xxxxxxx Sxxxxxx Group or the Xxxxxxx Sxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, SIFI Prudential may terminate this Agreement by delivery of written notice to the Xxxxxxx Sxxxxxx Group and each Xxxxxxx Sxxxxxx Group Member.

Appears in 1 contract

Samples: Agreement (Prudential Bancorp, Inc.)

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