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 7 and 8 will 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 7 and 8. The Company and the Executive understand, acknowledge and agree that the restrictions and covenants contained in Sections 7 and 8 are reasonable in view of the nature of the business in which the Company and the Affiliates are engaged, the Executive’s positions with the Company and the Affiliates and the Executive’s advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the Affiliates. The Company’s obligation to pay the amounts otherwise payable to the Executive pursuant to this Agreement will immediately terminate in the event that the Executive breaches any of the provisions of Sections 6, 7 or 8. Notwithstanding the foregoing: (a) the covenants of the Executive set forth in Sections 6, 7 and 8 will continue in full force and effect and be binding upon the Executive; (b) the Company will be entitled to the remedies specified in Section 11; and (c) the Company will 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 any of the provisions of Sections 6, 7 or 8.

Appears in 2 contracts

Samples: Employment Agreement (Horizon Bancorp /In/), Employment Agreement (Horizon Bancorp /In/)

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Periods of Noncompliance and Reasonableness of Periods. The restrictions and covenants contained in Sections 7 and 8 will 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 7 and 8. The Company and the Executive understand, acknowledge and agree that the restrictions and covenants contained in Sections 7 and 8 are reasonable in view of the nature of the business in which the Company and the Affiliates are engaged, the Executive’s positions with the Company and the Affiliates and the Executive’s advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the Affiliates. The Company’s obligation to pay the amounts otherwise payable to the Executive pursuant to this Agreement will immediately terminate in the event that the Executive breaches any of the provisions of Sections 6, 7 or 8. Notwithstanding the foregoing: (a) the covenants of the Executive set forth in Sections 6, 7 and 8 will continue in full force and effect and be binding upon the Executive; (b) the Company will be entitled to the remedies specified in Section 11; and (c) the Company will be entitled to its damages, costs and expenses (including, without limitation, reasonable attorneys attorneys' fees and expenses) resulting from or relating to the Executive’s breach of any of the provisions of Sections 6, 7 or 8.

Appears in 1 contract

Samples: Employment Agreement (Horizon Bancorp /In/)

Periods of Noncompliance and Reasonableness of Periods. The restrictions and covenants contained in Sections 7 and 8 will 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 7 and 8. The Company and the Executive understand, acknowledge and agree that the restrictions and covenants contained in Sections 7 and 8 are reasonable in view of the nature of the business in which the Company and the Affiliates are engaged, the Executive’s positions with the Company and the Affiliates and the Executive’s advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the Affiliates. The Company’s obligation to pay the amounts otherwise payable to the Executive pursuant to this Agreement will immediately terminate in the event that the Executive breaches any of the provisions of Sections 6, 7 or 8. Notwithstanding the foregoing: (a) : the covenants of the Executive set forth in Sections 6, 7 and 8 will continue in full force and effect and be binding upon the Executive; (b) ; the Company will be entitled to the remedies specified in Section 11; and (c) and the Company will 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 any of the provisions of Sections 6, 7 or 8.

Appears in 1 contract

Samples: Employment Agreement (Horizon Bancorp /In/)

Periods of Noncompliance and Reasonableness of Periods. The restrictions and covenants contained in Sections 7 and 8 will 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 7 and 8. The Company and the Executive understand, acknowledge and agree that the restrictions and covenants contained in Sections Section 7 and Section 8 are reasonable in view of the nature of the business in which the Company and the Affiliates are engaged, the Executive’s positions with the Company and the Affiliates and the Executive’s advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the AffiliatesCompany. The Company’s obligation to pay the amounts otherwise payable to the Executive pursuant to this Agreement will immediately terminate in the event that the Executive breaches any of the provisions of Sections 6, 7 or 8. Notwithstanding the foregoing: (a) the covenants of the Executive set forth in Sections 6, 7 and 8 will continue in full force and effect and be binding upon the Executive; (b) the Company will be entitled to the remedies specified in Section 11; and (c) the Company will 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 any of the provisions of Sections 6, 7 or 8.

Appears in 1 contract

Samples: Employment Agreement (Horizon Bancorp /In/)

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Periods of Noncompliance and Reasonableness of Periods. The restrictions and covenants contained in Sections 7 and 8 will hereof 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 7 and 88 hereof. The Company and the Executive understand, acknowledge and agree that the restrictions and covenants contained in Sections Section 7 and Section 8 hereof are reasonable in view of the nature of the business in which the Company and the Affiliates its subsidiaries and affiliates are engaged, the Executive’s positions 's position with the Company and the Affiliates and the Executive’s 's advantageous knowledge of and familiarity with the business, operations, affairs and customers of the Company and the Affiliatesits subsidiaries and affiliates. The Company’s 's obligation to pay the amounts otherwise payable to the Executive pursuant to this Agreement will shall immediately terminate in the event that the Executive breaches any of the provisions of Sections 6, 7 7, 8 or 89 hereof. Notwithstanding the foregoing: , (a) the covenants of the Executive set forth in Sections 6, 7 7, 8 and 8 will 9 hereof shall continue in full force and effect and be binding upon the Executive; , (b) the Company will shall be entitled to the remedies specified in Section 11; and 12 hereof, and (c) the Company will shall be entitled to its damages, costs and expenses (including, without limitation, reasonable attorneys fees and expenses) resulting from or relating to the Executive’s 's breach of any of the provisions of Sections 6, 7 7, 8 or 89 hereof.

Appears in 1 contract

Samples: Employment Agreement (Chromcraft Revington Inc)

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