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 Ancora Parties 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 Riverview unless and until Riverview is given written notice of such breach and thirty (30) business days either to cure such breach or for Riverview to seek relief in court. If Riverview seeks relief in court, the Ancora Parties irrevocably stipulate that any failure to perform by the Ancora Parties shall be deemed to constitute irreparable harm under this Agreement, therefore Riverview shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and the Ancora Parties shall not deny or contest that such circumstances would cause Riverview irreparable harm. If, after such thirty (30) business day period, Riverview has not either reasonably cured such material breach or obtained relief in court, the Ancora Parties may terminate this Agreement by delivery of written notice to Riverview. Riverview 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 Ancora Parties or any Member thereof unless and until the Ancora Parties are given written notice of such breach and thirty (30) business days either to cure such breach or for the Ancora Parties to seek relief in court. If the Ancora Parties seek relief in court, Riverview irrevocably stipulates that any failure to perform by Riverview shall be deemed to constitute irreparable harm under this Agreement, therefore the Ancora Parties shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and Riverview shall not deny or contest that such circumstances would cause the Ancora Parties irreparable harm. If, after such thirty (30) business day period, the Ancora Parties have not either reasonably cured such material breach or obtained relief in court, Riverview may terminate this Agreement by delivery of written notice to the Ancora Parties.

Notice of Breach and Remedies. The Parties parties expressly agree that an actual or threatened breach of this Agreement by any Party 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 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 Ancora Parties Shareholder expressly agree agrees that they the Shareholder will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by Riverview Berkshire Hills unless and until Riverview Berkshire Hills is given written notice of such breach and allowed thirty (30) business days either to cure such breach or for Riverview to seek relief in court. If Riverview Berkshire Hills seeks relief in court, the Ancora Parties Shareholder irrevocably stipulate stipulates that any failure to perform by the Ancora Parties shall be deemed to constitute irreparable harm Shareholder or any assertion by the Shareholder that the Shareholder is excused from performing the Shareholder’s obligations under this AgreementAgreement because it would cause Berkshire Hills irreparable harm, therefore Riverview then Berkshire Hills shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Ancora Parties Shareholder shall not deny or contest that such circumstances would cause Riverview Berkshire Hills irreparable harm. If, after such thirty (30) business day period, Riverview Berkshire Hills has not either reasonably cured such material breach or obtained relief in court, the Ancora Parties Shareholder may terminate this Agreement by delivery of written notice to RiverviewBerkshire Hills. Riverview Berkshire Hills 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 Ancora Parties or any Member thereof Shareholder unless and until the Ancora Parties are Shareholder is given written notice of such breach and allowed thirty (30) business days either to cure such breach or for the Ancora Parties to seek relief in court. If the Ancora Parties seek Shareholder seeks relief in court, Riverview Berkshire Hills irrevocably stipulates that any failure to perform by Riverview shall be deemed to constitute irreparable harm Berkshire Hills or any assertion by Berkshire Hills that it is excused from performing its obligations under this AgreementAgreement because it would cause the Shareholder irreparable harm, therefore then the Ancora Parties Shareholder shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and Riverview that Berkshire Hills shall not deny or contest that such circumstances would cause the Ancora Parties Shareholder irreparable harm. If, after such thirty (30) business day period, the Ancora Parties have Shareholder has not either reasonably cured such material breach or obtained relief in court, Riverview Berkshire Hills may terminate this Agreement by delivery of written notice to the Ancora PartiesShareholder.

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 Ancora PL Capital Parties 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 Riverview Alliance Bancorp unless and until Riverview Alliance Bancorp is given written notice of such breach and thirty (30) business days either to cure such breach or for Riverview Alliance Bancorp to seek relief in court. If Riverview Alliance Bancorp seeks relief in court, the Ancora PL Capital Parties irrevocably stipulate that any failure to perform by the Ancora PL Capital Parties shall be deemed to constitute irreparable harm under this Agreement, therefore Riverview Alliance Bancorp shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and the Ancora PL Capital Parties shall not deny or contest that such circumstances would cause Riverview Alliance Bancorp irreparable harm. If, after such thirty (30) business day period, Riverview Alliance Bancorp has not either reasonably cured such material breach or obtained relief in court, the Ancora PL Capital Parties may terminate this Agreement by delivery of written notice to RiverviewAlliance Bancorp. Riverview Alliance Bancorp 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 Ancora PL Capital Parties or any Member thereof of them unless and until the Ancora PL Capital Parties are given written notice of such breach and thirty (30) business days either to cure such breach or for the Ancora PL Capital Parties to seek relief in court. If the Ancora PL Capital Parties seek relief in court, Riverview Alliance Bancorp irrevocably stipulates that any failure to perform by Riverview Alliance Bancorp shall be deemed to constitute irreparable harm under this Agreement, therefore the Ancora PL Capital Parties shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and Riverview Alliance Bancorp shall not deny or contest that such circumstances would cause the Ancora PL Capital Parties irreparable harm. If, after such thirty (30) business day period, the Ancora PL Capital Parties have not either reasonably cured such material breach or obtained relief in court, Riverview Alliance Bancorp may terminate this Agreement by delivery of written notice to the Ancora PL Capital Parties.

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 Ancora Parties 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 Riverview MutualFirst unless and until Riverview MutualFirst is given written notice of such breach and thirty (30) business days either to cure such breach or for Riverview MutualFirst to seek relief in court. If Riverview MutualFirst seeks relief in court, the Ancora Parties irrevocably stipulate that any failure to perform by the Ancora Parties shall be deemed to constitute irreparable harm under this Agreement, therefore Riverview MutualFirst shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and the Ancora Parties shall not deny or contest that such circumstances would cause Riverview MutualFirst irreparable harm. If, after such thirty (30) business day period, Riverview MutualFirst has not either reasonably cured such material breach or obtained relief in court, the Ancora Parties may terminate this Agreement by delivery of written notice to RiverviewMutualFirst. Riverview MutualFirst 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 Ancora Parties or any Member thereof of them unless and until the Ancora Parties are given written notice of such breach and thirty (30) business days either to cure such breach or for the Ancora Parties to seek relief in court. If the Ancora Parties seek relief in court, Riverview MutualFirst irrevocably stipulates that any failure to perform by Riverview MutualFirst shall be deemed to constitute irreparable harm under this Agreement, therefore the Ancora Parties shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and Riverview MutualFirst shall not deny or contest that such circumstances would cause the Ancora Parties irreparable harm. If, after such thirty (30) business day period, the Ancora Parties have not either reasonably cured such material breach or obtained relief in court, Riverview MutualFirst may terminate this Agreement by delivery of written notice to the Ancora Parties.

Notice of Breach and Remedies. The Parties parties expressly agree that an actual or threatened breach of this Agreement by any Party 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 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 Ancora Parties Shareholder expressly agree agrees that they he will not be excused or claim to be excused from performance under this Agreement as a result of any material breach by Riverview Berkshire Hills unless and until Riverview Berkshire Hills is given written notice of such breach and allowed thirty (30) business days either to cure such breach or for Riverview to seek relief in court. If Riverview Berkshire Hills seeks relief in court, the Ancora Parties Shareholder irrevocably stipulate stipulates that any failure to perform by the Ancora Parties shall be deemed to constitute irreparable harm Shareholder or any assertion by the Shareholder that he is excused from performing their obligations under this AgreementAgreement because it would cause Berkshire Hills irreparable harm, therefore Riverview then Berkshire Hills shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the Ancora Parties Shareholder shall not deny or contest that such circumstances would cause Riverview Berkshire Hills irreparable harm. If, after such thirty (30) business day period, Riverview Berkshire Hills has not either reasonably cured such material breach or obtained relief in court, the Ancora Parties Shareholder may terminate this Agreement by delivery of written notice to RiverviewBerkshire Hills. Riverview Berkshire Hills 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 Ancora Parties or any Member thereof Shareholder unless and until the Ancora Parties are Shareholder is given written notice of such breach and allowed thirty (30) business days either to cure such breach or for the Ancora Parties to seek relief in court. If the Ancora Parties seek Shareholder seeks relief in court, Riverview Berkshire Hills irrevocably stipulates that any failure to perform by Riverview shall be deemed to constitute irreparable harm Berkshire Hills or any assertion by Berkshire Hills that it is excused from performing his obligations under this AgreementAgreement because it would cause the Shareholder irreparable harm, therefore then the Ancora Parties Shareholder shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and Riverview that Berkshire Hills shall not deny or contest that such circumstances would cause the Ancora Parties Shareholder irreparable harm. If, after such thirty (30) business day period, the Ancora Parties have Shareholder has not either reasonably cured such material breach or obtained relief in court, Riverview Berkshire Hills may terminate this Agreement by delivery of written notice to the Ancora PartiesShareholder.