Common use of REMEDIES FOR BREACHES Clause in Contracts

REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections 5(a) or 5(b) will be deemed a material breach of this Agreement and will cause irreparable injury to the Bank, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's actual or threatened breach of the covenants contained in Paragraphs 5(a) or 5(b), the Bank shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if the Bank institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a remedy at law exists. The exercise by the Bank of any such right, remedy, power or privilege, however, shall not preclude the Bank from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Bank. Notwithstanding anything contained to the contrary, the Officer agrees that the provisions of Sections 5(a) and 5(b) and the remedies provided in this Section 5(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair, the rights of the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter 66 of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.

REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections Paragraphs 5(a) or 5(b) of this Agreement will be deemed a material breach of this Agreement and will cause irreparable injury to the Bank, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officerofficer's actual or threatened breach of the covenants contained in Paragraphs 5(a) or 5(b), the Bank shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if the Bank institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a remedy at law exists. The exercise by the Bank of any such right, remedy, power power, or privilege, however, shall not preclude the Bank from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Bank. Notwithstanding anything contained herein to the contrary, the Officer agrees that the provisions of Sections Paragraphs 5(a) and 5(b) above and the remedies provided in this Section Paragraph 5(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit limit, or impair, impair the rights of the Bank under the Trade Secrets Protection Act contained in "Article 24, Chapter 66 of the North Carolina General Statutes, or any other state or of federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.

REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections 5(aParagraphs 6(a) or 5(b6(b) of this Agreement will be deemed a material breach of this Agreement and will cause irreparable injury to the Bank, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's ’s actual or threatened breach of the covenants contained in Paragraphs 5(a6(a) or 5(b6(b), the Bank shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if the Bank institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a ‘remedy at law exists. The exercise by the Bank of any such right, remedy, power power, or privilege, however, shall not preclude the Bank from pursuing any other remedy or exercising any other right, power or privilege available available’ to it for any such breach, whether at law or in equityinequity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Bank. Notwithstanding anything contained to the contrary, the Officer agrees that the provisions of Sections 5(aParagraphs 6(a) and 5(b) 6(b)above and the remedies provided in this Section 5(cParagraph 6(c) for a breach shall be in addition to, and shall not be deemed to supersede supercede or to otherwise restrict, limit or impair, the rights of the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter chapter 66 of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.

REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections 5(aSECTION 11(a) or 5(bSECTION 11(b) will be deemed a material breach of this Agreement and will cause irreparable injury to the BankEmployers, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's actual or threatened breach of the covenants contained in Paragraphs 5(aSECTION 11(a) or 5(bSECTION 11(b), either of the Bank Employers shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if either of the Bank Employers institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank such Employer has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a an adequate remedy at law exists. The exercise by the Bank an Employer of any such right, remedy, power or privilege, however, shall not preclude the Bank such Employer from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the BankEmployers. If any provision or part of SECTION 11 is held to be unenforceable because of the duration of such provision or the geographic area covered thereby as provided in SECTION 11(b), the parties hereto agree to modify such provision, or that the court making such determination shall have the power to modify such provision, to reduce the duration or area of such provision or both, or to delete specific words or phrases herefrom ("blue-penciling"), and, in its reduced or blue-penciled form, such provision shall then be enforceable and shall be enforced. Notwithstanding anything contained to the contrary, the Officer agrees that the provisions of Sections 5(aSECTION 11(a) and 5(bSECTION 11(b) and the remedies provided in this Section 5(cSECTION 11(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair, the rights of the Bank Employers under the Trade Secrets Protection Act contained in Article 24, Chapter 66 of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.

REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections Paragraphs 5(a) or 5(b) of this Agreement will be deemed a material breach of this Agreement and will cause irreparable injury to the Bank, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's ’s actual or threatened breach of the covenants contained in Paragraphs 5(a) or 5(b), the Bank shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if the Bank institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a remedy at law exists. The exercise by the Bank of any such right, remedy, power or privilege, however, shall not preclude the Bank from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Bank. Notwithstanding anything contained to the contrary, the Officer agrees that the provisions of Sections Paragraphs 5(a) and 5(b) above and the remedies provided in this Section Paragraph 5(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair, the rights of the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter 66 of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.

REMEDIES FOR BREACHES. The Officer understands and agrees ----------------------- that a breach by him of the covenants contained in Sections 5(a) or 5(b) will be deemed a material breach of this Agreement and will cause irreparable injury to the Corporation and the Bank, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's actual or threatened breach of the covenants contained in Paragraphs Sections 5(a) or 5(b), the Corporation and the Bank shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if the Corporation and/or the Bank institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Corporation and/or the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a remedy at law exists. The exercise by the Corporation or the Bank of any such right, remedy, power or privilege, however, shall not preclude the Corporation or the Bank from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Corporation and the Bank. Notwithstanding anything contained to the contrary, the Officer agrees that the provisions of Sections 5(a) and 5(b) and the remedies provided in this Section 5(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair, the rights of the Corporation and the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter 66 of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.

REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections 5(aSection 11(a) or 5(bSection 11(b) will be deemed a material breach of this Agreement and will cause irreparable injury to the BankEmployers, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's ’s actual or threatened breach of the covenants contained in Paragraphs 5(aSection 11(a) or 5(bSection 11(b), either of the Bank Employers shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if either of the Bank Employers institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank such Employer has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a an adequate remedy at law exists. The exercise by the Bank an Employer of any such right, remedy, power or privilege, however, shall not preclude the Bank such Employer from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the BankEmployers. Notwithstanding anything contained If any provision or part of Section 11 is held to be unenforceable because of the contraryduration of such provision or the geographic area covered thereby as provided in Section 11(b), the Officer agrees parties hereto agree to modify such provision, or that the provisions court making such determination shall have the power to modify such provision, to reduce the duration or area of Sections 5(a) such provision or both, or to delete specific words or phrases herefrom (“blue-penciling"), and, in its reduced or blue-penciled form, such provision shall then be enforceable and 5(b) and the remedies provided in this Section 5(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair, the rights of the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter 66 of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential informationenforced.

REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections Paragraphs 5(a) or 5(b) of this Agreement will be deemed a material breach of this Agreement and will cause irreparable injury to the Bank, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's ’s actual or threatened breach of the covenants contained in Paragraphs 5(a) or 5(b), the Bank shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if the Bank institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a remedy at law exists. The exercise by the Bank of any such right, remedy, power or privilege, however, shall not preclude the Bank from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Bank. Notwithstanding anything contained to the contrary, the Officer agrees that the provisions of Sections Paragraphs 5(a) and 5(b) above and the remedies provided in this Section Paragraph 5(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair, the rights of the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter 66 of the North Carolina General StatutesStatues, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade, misuse or misappropriation of trade secrets or other proprietary or confidential information.

REMEDIES FOR BREACHES. The Officer understands and agrees that a breach by him of the covenants contained in Sections Paragraphs 5(a) or 5(b) of this Agreement will be deemed a material breach of this Agreement and will cause irreparable injury to the Bank, and that it would be difficult to ascertain the amount of monetary damages that would result from any such breach. In the event of the Officer's actual or threatened breach of the covenants contained in Paragraphs 5(a) or 5(b), the Bank shall be entitled to bring a civil action seeking an injunction restraining the Officer from breaching or continuing to breach those covenants or from any threatened breach thereof, or any other legal or equitable relief relating to the breach of such covenants. The Officer agrees that, if the Bank institutes any action or proceeding against him seeking to enforce any of such covenants or to recover other relief relating to an actual or threatened breach of any of such covenants, he shall be deemed to have waived any claim or defense that the Bank has an adequate remedy at law and shall not urge in any such action or proceeding the claim or defense that such a remedy at law exists. The exercise by the Bank of any such right, remedy, power or privilege, however, shall not preclude the Bank from pursuing any other remedy or exercising any other right, power or privilege available to it for any such breach, whether at law or in equity, including the recovery of damages, all of which shall be cumulative and in addition to all other rights, remedies, powers or privileges of the Bank. Notwithstanding anything contained to the contrary, the Officer agrees that the provisions of Sections Paragraphs 5(a) and 5(b) above and the remedies provided in this Section Paragraph 5(c) for a breach shall be in addition to, and shall not be deemed to supersede or to otherwise restrict, limit or impair, the rights of the Bank under the Trade Secrets Protection Act contained in Article 24, Chapter 66 of the North Carolina General Statutes, or any other state or federal law or regulation dealing with or providing a remedy for this wrongful disclosure, misuse or misappropriation of trade secrets or other proprietary or confidential information.