Common use of Periods of Noncompliance and Reasonableness of Periods Clause in Contracts

Periods of Noncompliance and Reasonableness of Periods. The Restrictive Covenants described in Sections 13 and 14 shall be deemed not to run during all periods of noncompliance, the intention of the parties being to have such restrictions and covenants apply for the full periods specified in Sections 13 and 14 following Termination of the Executive's Employment. The Company and the Executive acknowledge and agree that the restrictions and covenants contained in Sections 13 and 14 are reasonable in view of the nature of the Company's Business and the Executive's advantageous knowledge of and familiarity with the Company's Business, operations, affairs, and Customers. Notwithstanding anything contained herein to the contrary, if the scope of any restriction or covenant contained in Section 13 or 14 is found by a court of competent jurisdiction to be too broad to permit enforcement of such restriction or covenant to its full extent, then such restriction or covenant shall be enforced to the maximum extent permitted by law. The parties hereby acknowledge and agree that a court of competent jurisdiction shall invoke and exercise the blue pencil doctrine to the fullest extent permitted by law to enforce this Agreement. Release. For and in consideration of the foregoing covenants and promises made by the Company, and the performance of such covenants and promises, the sufficiency of which is hereby acknowledged, the Executive agrees to release the Employer and all other persons named in the Release from any and all causes of causes of action that the Executive has or may have against the Employer or any such person before the effective date of the Release, other than a cause based on a breach of Section 4 hereof. The Release shall be substantially in the form attached hereto as Exhibit I. The Company shall provide the Release to the Executive upon her Termination of Employment or within ten (10) days thereafter. THE EXECUTIVE'S RIGHT TO BENEFITS HEREUNDER SHALL BE CONTINGENT ON HER SIGNING AND FILING THE RELEASE AS PROVIDED IN THE RELEASE WITHIN TWENTY-ONE (21)

Periods of Noncompliance and Reasonableness of Periods. The Restrictive Covenants described restrictions and covenants contained in Sections 13 and 14 Section 4 shall be deemed not to run during all periods of noncompliance, the intention of the parties hereto being to have such restrictions and covenants apply during the term of this Agreement and for the full periods specified in Sections 13 and 14 following Termination of the Executive's EmploymentSection 4. The Company and the Executive acknowledge parties hereto understand, acknowledge, and agree that the restrictions and covenants contained in Sections 13 and 14 Section 4 are reasonable in view of the nature of the Company's Business business in which NWIN and Peoples Bank are engaged, the Executive’s position with Peoples Bank, and the Executive's ’s advantageous knowledge of and familiarity with the Company's Businessbusiness, operations, affairs, employees, and Customerscustomers of NWIN and Peoples Bank. Notwithstanding anything contained herein to the contrary, if the scope of any restriction or covenant The restrictions and covenants contained in Section 13 or 14 is found by a court of competent jurisdiction 4 are essential terms and conditions to be too broad to permit enforcement of such restriction or covenant to its full extentAJSB, then such restriction or covenant AJS Bank, NWIN, and Peoples Bank entering into this Agreement, and shall be enforced to the maximum extent permitted by law. The parties hereby acknowledge and agree that a court construed as independent of competent jurisdiction shall invoke and exercise the blue pencil doctrine to the fullest extent permitted by law to enforce any other provision in this Agreement. Release. For and in consideration The existence of the foregoing covenants and promises made by the Company, and the performance any claim or cause of such covenants and promises, the sufficiency of which is hereby acknowledged, action the Executive agrees has against NWIN or Peoples Bank, whether predicated on this Agreement or otherwise, shall not constitute a defense to release the Employer and all enforcement by NWIN or Peoples Bank of these covenants. AJSB’s and/or AJS Bank’s obligation to pay any amounts otherwise payable to the Executive pursuant to this Agreement or any other persons named agreement or arrangement shall immediately terminate in the Release from any and all causes of causes of action event that the Executive has or may have against the Employer or breaches any such person before the effective date of the Releaseprovisions of Section 4. Notwithstanding the foregoing: (a) the covenants of the Executive set forth in Section 4 shall continue in full force and effect and be binding upon the Executive; (b) NWIN and Peoples Bank shall each be entitled to the remedies specified in Section 7; and (c) NWIN and Peoples Bank shall each be entitled to its damages, other than a cause based on a costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) resulting from or relating to the Executive’s breach of any of the provisions of Section 4 hereof. The Release shall be substantially in the form attached hereto as Exhibit I. The Company shall provide the Release to the Executive upon her Termination of Employment or within ten (10) days thereafter. THE EXECUTIVE'S RIGHT TO BENEFITS HEREUNDER SHALL BE CONTINGENT ON HER SIGNING AND FILING THE RELEASE AS PROVIDED IN THE RELEASE WITHIN TWENTY-ONE (21)6.

Periods of Noncompliance and Reasonableness of Periods. The Restrictive Covenants described in Sections 13 15 and 14 16 shall be deemed not to run during all periods of noncompliance, the intention of the parties being to have such restrictions and covenants apply for the full periods specified in Sections 13 15 and 14 16 following Termination of the Executive's Employment. The Company and the Executive acknowledge and agree that the restrictions and covenants contained in Sections 13 15 and 14 16 are reasonable in view of the nature of the Company's Business and the Executive's advantageous knowledge of and familiarity with the Company's Business, operations, affairs, and Customers. Notwithstanding anything contained herein to the contrary, if the scope of any restriction or covenant contained in Section 13 or 14 Sections 15 and 16 is found by a court of competent jurisdiction to be too broad to permit enforcement of such restriction or covenant to its full extent, then such restriction or covenant shall be enforced to the maximum extent permitted by law. The parties hereby acknowledge and agree that a court of competent jurisdiction shall invoke and exercise the blue pencil doctrine to the fullest extent permitted by law to enforce this Agreement. Release. For and in consideration of the foregoing covenants and promises made by the Company, and the performance of such covenants and promises, the sufficiency of which is hereby acknowledged, the Executive agrees to release the Employer and all other persons named in the Release from any and all causes of causes of action that the Executive has or may have against the Employer or any such person before the effective date of the Release, other than a cause based on a breach of Section 4 hereofthis Agreement. The Release shall be substantially in the form attached hereto as Exhibit I. The Company shall provide the Release to the Executive upon her his Termination of Employment or within ten (10) days thereafter. THE EXECUTIVE'S RIGHT TO BENEFITS HEREUNDER SHALL BE CONTINGENT ON HER HIS SIGNING AND FILING THE RELEASE AS PROVIDED IN THE RELEASE WITHIN TWENTY-ONE (21)

Periods of Noncompliance and Reasonableness of Periods. The Restrictive Covenants described restrictions and covenants contained in Sections 13 and 14 Section 4 shall be deemed not to run during all periods of noncompliance, the intention of the parties hereto being to have such restrictions and covenants apply during the term of this Agreement and for the full periods specified in Sections 13 and 14 following Termination of the Executive's EmploymentSection 4. The Company and the Executive acknowledge Parties hereto understand, acknowledge, and agree that the restrictions restrictions, covenants and covenants obligations contained in Sections 13 4 and 14 5 are reasonable in view of the nature of the Company's Business business in which RYFL, Royal Bank, FNWD and Peoples Bank are engaged, the Executive’s position with RYFL and Royal Bank, and the Executive's ’s advantageous knowledge of and familiarity with the Company's Businessbusiness, operations, affairs, employees, and Customerscustomers of RYFL and Royal Bank. Notwithstanding anything contained herein to the contrary, if the scope of any restriction or covenant The restrictions and covenants contained in Section 13 or 14 is found by a court 4 and obligations of competent jurisdiction Section 5 are essential terms and conditions to be too broad to permit enforcement of such restriction or covenant to its full extentRYFL, then such restriction or covenant Royal Bank, FNWD, and Peoples Bank entering into this Agreement, and shall be enforced to the maximum extent permitted by law. The parties hereby acknowledge and agree that a court construed as independent of competent jurisdiction shall invoke and exercise the blue pencil doctrine to the fullest extent permitted by law to enforce any other provision in this Agreement. Release. For and in consideration The existence of any claim or cause of action the foregoing Executive has against RYFL, Royal Bank, FNWD or Peoples Bank, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by FNWD or Peoples Bank of these covenants and promises made by the Company, and the performance of such covenants and promises, the sufficiency of which is hereby acknowledged, obligations. RYFL’s and/or Royal Bank’s obligation to pay any amounts otherwise payable to the Executive agrees pursuant to release the Employer and all this Agreement or any other persons named agreement or arrangement shall immediately terminate in the Release from any and all causes of causes of action event that the Executive has or may have against the Employer or breaches any such person before the effective date of the Release, other than a cause based on a breach provisions of Section 4 hereofor violates the obligations of Section 5. The Release Notwithstanding the foregoing: (a) the covenants of the Executive set forth in Sections 4 and 5 shall continue in full force and effect and be substantially in binding upon the form attached hereto as Exhibit I. The Company Executive; (b) FNWD and Peoples Bank shall provide the Release each be entitled to the Executive upon her Termination remedies specified in Section 7; and (c) FNWD and Peoples Bank shall each be entitled to its damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) resulting from or relating to the Executive’s breach of Employment any of the provisions of Section 4 or within ten (10) days thereafter. THE EXECUTIVE'S RIGHT TO BENEFITS HEREUNDER SHALL BE CONTINGENT ON HER SIGNING AND FILING THE RELEASE AS PROVIDED IN THE RELEASE WITHIN TWENTY-ONE (21)violation of the obligations of Section 5.