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

Periods of Noncompliance and Reasonableness of Periods. The restrictions and covenants contained in Sections 19, 20, and 21 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 19, 20 and 21. The Company and the Participant understand, acknowledge and agree that the restrictions and covenants contained in Sections 18, 19, 20 and 21 are reasonable in view of the nature of the business in which the Company and the Affiliates are engaged, the Participant’s positions with the Company and/or the Bank and the Participant’s advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the Affiliates, including but not limited to the Bank. The Company’s obligation to pay the amounts otherwise payable to the Participant pursuant to this Agreement shall immediately terminate in the event that the Participant breaches any of the provisions of Sections 18, 19, 20 or 21. Notwithstanding the foregoing: (a) the covenants of the Participant set forth in Sections 18, 19, 20 or 21 shall continue in full force and effect and be binding upon the Participant; (b) the Company shall be entitled to the remedies specified in Section 24; and (c) the Company shall be entitled to its damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) resulting from or relating to the Participant’s breach of any of the provisions of Sections 18, 19, 20 or 21.

Periods of Noncompliance and Reasonableness of Periods. The restrictions and covenants contained in Sections 1914, 20, 15 and 21 16 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 1914, 20 15 and 2116. The Company and the Participant Optionee understand, acknowledge and agree that the restrictions and covenants contained in Sections 1813, 1914, 20 15 and 21 16 are reasonable in view of the nature of the business in which the Company and the Affiliates are engaged, the ParticipantOptionee’s positions with the Company and/or the Bank and the ParticipantOptionee’s advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the Affiliates, including but not limited to the Bank. The Company’s obligation to pay the amounts otherwise payable to the Participant Optionee pursuant to this Agreement shall immediately terminate in the event that the Participant Optionee breaches any of the provisions of Sections 1813, 1914, 20 15 or 2116. Notwithstanding the foregoing: (a) the covenants of the Participant Optionee set forth in Sections 1813, 1914, 20 15 or 21 16 shall continue in full force and effect and be binding upon the ParticipantOptionee; (b) the Company shall be entitled to the remedies specified in Section 2419; and (c) the Company shall be entitled to its damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) resulting from or relating to the ParticipantOptionee’s breach of any of the provisions of Sections 1813, 1914, 20 15 or 2116.

Periods of Noncompliance and Reasonableness of Periods. The restrictions and covenants contained in Sections 19, 20, 16 and 21 17 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 19, 20 16 and 2117. The Company and the Participant understand, acknowledge and agree that the restrictions and covenants contained in Sections 18, 19, 20 16 and 21 17 are reasonable in view of the nature of the business in which the Company and the Affiliates are engaged, the Participant’s positions with the Company and/or and the Bank Affiliates and the Participant’s advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the Affiliates, including but not limited to the Bank. The Company’s obligation to pay the amounts otherwise payable to the Participant pursuant to this Agreement shall immediately terminate in the event that the Participant breaches any of the provisions of Sections 1815, 19, 20 16 or 2117. Notwithstanding the foregoing: (a) the covenants of the Participant set forth in Sections 1815, 19, 20 16 or 21 17 shall continue in full force and effect and be binding upon the Participant; (b) the Company shall be entitled to the remedies specified in Section 2420; and (c) the Company shall be entitled to its damages, costs and expenses (including, without limitation, reasonable attorneys’ attorneys fees and expenses) resulting from or relating to the Participant’s breach of any of the provisions of Sections 1815, 19, 20 16 or 2117.

Periods of Noncompliance and Reasonableness of Periods. The restrictions and covenants contained in Sections 19, 20, 19 and 21 20 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 19, 20 19 and 2120. The Company and the Participant understand, acknowledge and agree that the restrictions and covenants contained in Sections 18, 19, 19 and 20 and 21 are reasonable in view of the nature of the business in which the Company and the Affiliates are engaged, the Participant’s positions with the Company and/or and the Bank Affiliates and the Participant’s advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the Affiliates, including but not limited to the Bank. The Company’s obligation to pay the amounts otherwise payable to the Participant pursuant to this Agreement shall immediately terminate in the event that the Participant breaches any of the provisions of Sections 18, 19, 20 19 or 2120. Notwithstanding the foregoing: (a) the covenants of the Participant set forth in Sections 18, 19, 19 or 20 or 21 shall continue in full force and effect and be binding upon the Participant; (b) the Company shall be entitled to the remedies specified in Section 2423; and (c) the Company shall be entitled to its damages, costs and expenses (including, without limitation, reasonable attorneys’ attorneys fees and expenses) resulting from or relating to the Participant’s breach of any of the provisions of Sections 18, 19, 20 19 or 2120.

Periods of Noncompliance and Reasonableness of Periods. The restrictions and covenants contained in Sections 19, 20, 14 and 21 15 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 19, 20 14 and 2115. The Company and the Participant Optionee understand, acknowledge and agree that the restrictions and covenants contained in Sections 18, 19, 20 14 and 21 15 are reasonable in view of the nature of the business in which the Company and the Affiliates are engaged, the ParticipantOptionee’s positions with the Company and/or the Bank and the ParticipantAffiliates and the Optionee’s advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the Affiliates, including but not limited to the Bank. The Company’s obligation to pay the amounts otherwise payable to the Participant Optionee pursuant to this Agreement shall immediately terminate in the event that the Participant Optionee breaches any of the provisions of Sections 1813, 19, 20 14 or 2115. Notwithstanding the foregoing: (a) the covenants of the Participant Optionee set forth in Sections 1813, 19, 20 14 or 21 15 shall continue in full force and effect and be binding upon the ParticipantOptionee; (b) the Company shall be entitled to the remedies specified in Section 2418; and (c) the Company shall be entitled to its damages, costs and expenses (including, without limitation, reasonable attorneys’ attorneys fees and expenses) resulting from or relating to the ParticipantOptionee’s breach of any of the provisions of Sections 1813, 19, 20 14 or 2115.