Common use of Remedies for Breach of Sections Clause in Contracts

Remedies for Breach of Sections. 7, 8, 9 and 10. Executive and Bank agree that the covenants in Sections 7, 8. 9 and 10 are reasonable covenants under the circumstances. Executive agrees that any breach of the covenants set forth in Sections 7, 8, 9 and 10 of this Agreement will irreparably harm the Bank. The Executive and the Bank agree that in the event of any breach by the Executive of the provisions set forth in Section 7, 8, 9 and 10 of this Agreement, the Bank shall be entitled to all rights and remedies available at law or in equity, including without limitation, the following cumulative and not alternative rights: (a) the right to obtain injunctive or other equitable relief to restrain any breach or threatened breach or otherwise to specifically enforce the provisions of this Agreement, it being agreed that monetary damages alone would be inadequate to compensate the Bank, the amount of such damages will be difficult (if not impossible) to prove precisely, and would be an inadequate remedy for such breach; (b) the right to institute civil suit to recover damages suffered by the Bank; (c) the right to recover actual reasonable attorneys’ fees and other costs incurred by the Bank in connection with pursuing remedies hereunder; and (d) the right to seek an equitable accounting of all earnings, profits and other benefits arising from any such violation.

Appears in 5 contracts

Samples: Employment Agreement (Customers Bancorp, Inc.), Employment Agreement (Customers Bancorp, Inc.), Employment Agreement (Customers Bancorp, Inc.)

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Remedies for Breach of Sections. 6, 7, 8, 9 8 and 109. Executive and Bank Company agree that the covenants in Sections 6, 7, 8. 8 and 9 and 10 are reasonable covenants under the circumstances. Executive agrees that any breach of the covenants set forth in Sections 6, 7, 8, 8 and 9 and 10 of this Agreement will irreparably harm the BankCompany. The Executive and the Bank Company agree that in the event of any breach by the Executive of the provisions set forth in Section Sections 6, 7, 8, 8 and 9 and 10 of this Agreement, the Bank Company shall be entitled to all rights and remedies available at law or in equity, including without limitation, the following cumulative and not alternative rights: (a) the right to obtain injunctive or other equitable relief to restrain any breach or threatened breach or otherwise to specifically enforce the provisions of this Agreement, it being agreed that monetary damages alone would be inadequate to compensate the BankCompany, the amount of such damages will be difficult (if not impossible) to prove precisely, and would be an inadequate remedy for such breach; (b) the right to institute civil suit to recover damages suffered by the BankCompany; (c) the right to recover actual reasonable attorneys’ fees and other costs incurred by the Bank Company in connection with pursuing remedies hereunder; and (d) the right to seek an equitable accounting of all earnings, profits and other benefits arising from any such violation.

Appears in 2 contracts

Samples: Employment Agreement (BM Technologies, Inc.), Employment Agreement (Customers Bancorp, Inc.)

Remedies for Breach of Sections. 7, 8, 9 and 10. Executive and Bank agree that the covenants in Sections 7, 8. , 9 and 10 are reasonable covenants under the circumstances. Executive agrees that any breach of the covenants set forth in Sections 7, 8, 9 and 10 of this Agreement will irreparably harm the Bank. The Executive and the Bank agree that in the event of any breach by the Executive of the provisions set forth in Section 7, 8, 9 and 10 l0 of this Agreement, the Bank shall be entitled to all rights and remedies available at law or in equity, including without limitation, the following cumulative and not alternative rights: (a) the right to obtain injunctive or other equitable relief to restrain any breach or threatened breach or otherwise to specifically enforce the provisions of this Agreement, it being agreed that monetary damages alone would be inadequate to compensate the Bank, the amount of such damages will be difficult (if not impossible) to prove precisely, and would be an inadequate remedy for such breach; (b) the right to institute civil suit to recover damages suffered by the Bank; (c) the right to recover actual reasonable attorneys' fees and other costs incurred by the Bank in connection with pursuing remedies hereunder; and (d) the right to seek an equitable accounting of all earnings, profits and other benefits arising from any such violation.

Appears in 1 contract

Samples: Employment Agreement (Customers Bancorp, Inc.)

Remedies for Breach of Sections. 6, 7, 8, 9 8 and 109. Executive and Bank Company agree that the covenants in Sections 6, 7, 8. 8 and 9 and 10 are reasonable covenants under the circumstances. Executive agrees that any breach of the covenants set forth in Sections 6, 7, 8, 8 and 9 and 10 of this Agreement will irreparably harm the BankCompany. The Executive and the Bank Company agree that in the event of any breach by the Executive of the provisions set forth in Section Sections 6, 7, 8, 8 and 9 and 10 of this Agreement, the Bank Company shall be entitled to all rights and remedies available at law or in equity, including without limitation, the following cumulative and not alternative rights: (a) the right to obtain injunctive or other equitable relief to restrain any breach or threatened breach or otherwise to specifically enforce the provisions of this Agreement, it being agreed that monetary damages alone would be inadequate to compensate the BankCompany, the amount of such damages will be difficult (if not impossible) to prove precisely, and would be an inadequate remedy for such breach; (b) the right to institute civil suit to recover damages suffered by the BankCompany; (c) the right to recover actual reasonable attorneys’ fees and other costs incurred by the Bank Company in connection with pursuing remedies hereunder; and (d) and the right to seek an equitable accounting of all earnings, profits and other benefits arising from any such violation.

Appears in 1 contract

Samples: Employment Agreement (BM Technologies, Inc.)

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Remedies for Breach of Sections. 7, 8, 9 and 10. Executive and Bank agree that the covenants in Sections 7, 8. 9 and 10 are reasonable covenants under the circumstances. Executive agrees that any breach of the covenants set forth in Sections 7, 8, 9 and 10 of this Agreement will irreparably harm the Bank. The Executive and the Bank agree that in the event of any breach by the Executive of the provisions set forth in Section 7, 8, 9 and 10 of this Agreement, the Bank shall be entitled to all rights and remedies available at law or in equity, including without limitation, the following cumulative and not alternative rights: (a) the right to obtain injunctive or other equitable relief to restrain any breach or threatened breach or otherwise to specifically enforce the provisions of this Agreement, it being agreed that monetary damages alone would be inadequate to compensate the Bank, the amount of such damages will be difficult (if not impossible) to prove precisely, and would be an inadequate remedy for such breach; (b) the right to institute civil suit to recover damages suffered by the Bank; (c) the right to recover actual reasonable attorneys' fees and other costs incurred by the Bank in connection with pursuing remedies hereunder; and (d) the right to seek an equitable accounting of all earnings, profits and other benefits arising from any such violation.

Appears in 1 contract

Samples: Employment Agreement (Customers 1st Bancorp, Inc.)

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