Common use of Resolution of Certain Claims - Injunctive Relief Clause in Contracts

Resolution of Certain Claims - Injunctive Relief. Section 9(a) shall have no application to claims by the Company and/or FB&T seeking to enforce, by injunction or otherwise, the terms of Section 5, 6, 7 or 8(e). Such claims may be maintained by the Company and/or FB&T in a lawsuit subject to the terms of Section 9(c). The Executive acknowledges that it would be difficult to fully compensate the Company and/or FB&T for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, the Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company and/or FB&T shall have the right to enforce the provisions of Sections 5, 6, 7 and 8(e) by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable outside counsel fees in enforcing the provisions of Sections 5, 6, 7 and/or 8(e).