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

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 PL Capital Parties Xxxxxxxx Group and each 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 MutualFirst the Company unless and until MutualFirst the Company is given written notice of such breach and thirty (30) business days either to cure such breach or for MutualFirst to seek relief in court. If MutualFirst the Company seeks relief in court, the PL Capital Parties Xxxxxxxx Group and each Xxxxxxxx Group Member irrevocably stipulate that any failure to perform by the PL Capital Parties shall be deemed to constitute irreparable harm Xxxxxxxx Group and/or any Xxxxxxxx Group Member or any assertion by the Xxxxxxxx Group and/or any Xxxxxxxx Group Member that they are excused from performing their obligations under this AgreementAgreement would cause the Company irreparable harm, therefore MutualFirst that the Company shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the PL Capital Parties Xxxxxxxx Group and each Xxxxxxxx Group Member shall not deny or contest that such circumstances would cause MutualFirst the Company irreparable harm. If, after such thirty (30) business day period, MutualFirst the Company has not either reasonably cured such material breach or obtained relief in court, the PL Capital Parties Xxxxxxxx Group or each Xxxxxxxx Group Member may terminate this Agreement by delivery of written notice to MutualFirstthe Company. MutualFirst The Company 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 PL Capital Parties Xxxxxxxx Group or any of them Xxxxxxxx Group Member unless and until the PL Capital Parties are Xxxxxxxx Group and each Xxxxxxxx Group Member is given written notice of such breach and thirty (30) business days either to cure such breach or for the PL Capital Parties to seek relief in court. If the PL Capital Parties seek Xxxxxxxx Group or any Xxxxxxxx Group Member seeks relief in court, MutualFirst the Company irrevocably stipulates that any failure to perform by MutualFirst shall be deemed to constitute irreparable harm the Company or any assertion by the Company that it is excused from performing its obligations under this AgreementAgreement would cause the Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm, therefore that the PL Capital Parties Xxxxxxxx Group or any Xxxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and MutualFirst that the Company shall not deny or contest that such circumstances would cause the PL Capital Parties Xxxxxxxx Group and each Xxxxxxxx Group Member irreparable harm. If, after such thirty (30) business day period, the PL Capital Parties have Xxxxxxxx Group or the Xxxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, MutualFirst the Company may terminate this Agreement by delivery of written notice to the PL Capital PartiesXxxxxxxx Group and each Xxxxxxxx Group Member.

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 PL Capital 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 MutualFirst Berkshire Hills unless and until MutualFirst Berkshire Hills is given written notice of such breach and allowed thirty (30) business days either to cure such breach or for MutualFirst to seek relief in court. If MutualFirst Berkshire Hills seeks relief in court, the PL Capital Parties Shareholder irrevocably stipulate stipulates that any failure to perform by the PL Capital 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 MutualFirst then Berkshire Hills shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the PL Capital Parties Shareholder shall not deny or contest that such circumstances would cause MutualFirst Berkshire Hills irreparable harm. If, after such thirty (30) business day period, MutualFirst Berkshire Hills has not either reasonably cured such material breach or obtained relief in court, the PL Capital Parties Shareholder may terminate this Agreement by delivery of written notice to MutualFirstBerkshire Hills. MutualFirst 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 PL Capital Parties or any of them Shareholder unless and until the PL Capital Parties are Shareholder is given written notice of such breach and allowed thirty (30) business days either to cure such breach or for the PL Capital Parties to seek relief in court. If the PL Capital Parties seek Shareholder seeks relief in court, MutualFirst Berkshire Hills irrevocably stipulates that any failure to perform by MutualFirst 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 PL Capital Parties Shareholder shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and MutualFirst that Berkshire Hills shall not deny or contest that such circumstances would cause the PL Capital Parties Shareholder irreparable harm. If, after such thirty (30) business day period, the PL Capital Parties have Shareholder has not either reasonably cured such material breach or obtained relief in court, MutualFirst Berkshire Hills may terminate this Agreement by delivery of written notice to the PL Capital 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 PL Capital 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 MutualFirst Riverview unless and until MutualFirst Riverview is given written notice of such breach and thirty (30) business days either to cure such breach or for MutualFirst Riverview to seek relief in court. If MutualFirst Riverview seeks relief in court, the PL Capital Ancora Parties irrevocably stipulate that any failure to perform by the PL Capital Ancora Parties shall be deemed to constitute irreparable harm under this Agreement, therefore MutualFirst Riverview shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and the PL Capital Ancora Parties shall not deny or contest that such circumstances would cause MutualFirst Riverview irreparable harm. If, after such thirty (30) business day period, MutualFirst Riverview has not either reasonably cured such material breach or obtained relief in court, the PL Capital Ancora Parties may terminate this Agreement by delivery of written notice to MutualFirstRiverview. MutualFirst 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 PL Capital Ancora Parties or any of them Member thereof unless and until the PL Capital Ancora Parties are given written notice of such breach and thirty (30) business days either to cure such breach or for the PL Capital Ancora Parties to seek relief in court. If the PL Capital Ancora Parties seek relief in court, MutualFirst Riverview irrevocably stipulates that any failure to perform by MutualFirst Riverview shall be deemed to constitute irreparable harm under this Agreement, therefore the PL Capital Ancora Parties shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and MutualFirst Riverview shall not deny or contest that such circumstances would cause the PL Capital Ancora Parties irreparable harm. If, after such thirty (30) business day period, the PL Capital Ancora Parties have not either reasonably cured such material breach or obtained relief in court, MutualFirst Riverview may terminate this Agreement by delivery of written notice to the PL Capital 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 PL Capital Parties Sxxxxxx Group and each 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 MutualFirst ASB unless and until MutualFirst ASB is given written notice of such breach and thirty (30) allowed 30 business days either to cure such breach or for MutualFirst to seek relief in court. If MutualFirst ASB seeks relief in court, the PL Capital Parties Sxxxxxx Group and each Sxxxxxx Group Member irrevocably stipulate that any failure to perform by the PL Capital Parties shall be deemed to constitute irreparable harm Sxxxxxx Group and/or any Sxxxxxx Group Member or any assertion by the Sxxxxxx Group and/or any Sxxxxxx Group Member that they are excused from performing their obligations under this AgreementAgreement because it would cause ASB irreparable harm, therefore MutualFirst then ASB shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and that the PL Capital Parties Sxxxxxx Group and each Sxxxxxx Group Member shall not deny or contest that such circumstances would cause MutualFirst ASB irreparable harm. If, after such thirty (30) 30 business day period, MutualFirst ASB has not either reasonably cured such material breach or obtained relief in court, the PL Capital Parties Sxxxxxx Group or each Sxxxxxx Group Member may terminate this Agreement by delivery of written notice to MutualFirstASB. MutualFirst 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 PL Capital Parties Sxxxxxx Group or any of them Sxxxxxx Group Member unless and until the PL Capital Parties are Sxxxxxx Group and each Sxxxxxx Group Member is given written notice of such breach and thirty (30) allowed 30 business days either to cure such breach or for the PL Capital Parties to seek relief in court. If the PL Capital Parties seek Sxxxxxx Group or any Sxxxxxx Group Member seeks relief in court, MutualFirst ASB irrevocably stipulates that any failure to perform by MutualFirst shall be deemed to constitute irreparable harm ASB or any assertion by ASB that it is excused from performing its obligations under this AgreementAgreement because it would cause the Sxxxxxx Group and each Sxxxxxx Group Member irreparable harm, therefore then the PL Capital Parties Sxxxxxx Group or any Sxxxxxx Group Member shall not be required to provide further proof of irreparable harm in order to obtain equitable relief and MutualFirst that ASB shall not deny or contest that such circumstances would cause the PL Capital Parties Sxxxxxx Group and each Sxxxxxx Group Member irreparable harm. If, after such thirty (30) 30 business day period, the PL Capital Parties have Sxxxxxx Group or the Sxxxxxx Group Member has not either reasonably cured such material breach or obtained relief in court, MutualFirst ASB may terminate this Agreement by delivery of written notice to the PL Capital PartiesSxxxxxx Group and each Sxxxxxx Group Member.

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