Common use of Judicial Relief Clause in Contracts

Judicial Relief. In the event of a breach or threatened breach by the Executive of any provision of these restrictions, the Executive recognizes the substantial and immediate harm that a breach or threatened breach will impose upon the Bank, and further recognizes that in such event monetary damages may be inadequate to fully protect the Bank. Accordingly, in the event of a breach or threatened breach of this Agreement, the Executive consents to the Bank's entitlement to such ex parte, preliminary, interlocutory, temporary or permanent injunctive, or any other equitable relief, protecting and fully enforcing the Bank's rights hereunder and preventing the Executive from further breach any of his obligations set forth herein. The Executive expressly waives any requirement, based on any statute, rule of procedure, or other source, that the Bank post a bond as a condition of obtaining any of the above-described remedies. Nothing herein shall be construed as prohibiting the Bank from pursuing any other remedies available to the Bank at law or in equity for such breach or threatened breach, including the recovery of damages from the Executive. The Executive expressly acknowledges and agrees that: (i) the restrictions set forth in this Section 5 are reasonable, in terms of scope, duration, geographic area, and otherwise, (ii) the protections afforded the Bank in this Section 5 are necessary to protect its legitimate business interest, (iii) the restrictions set forth in this Section 5 will not be materially adverse to the Executive's employment with the Bank, and (iv) Executive's agreement to observe such restrictions forms a material part of the consideration for this Agreement. Further, reference to "Bank" in this Section is intended to, and does, include reference to the Corporation or any other affiliate of the Bank and/or the corporation that has been or is threatened with damage or injury as a result of Executive's violation of this Section.

Appears in 2 contracts

Samples: Retirement Plan Agreement (Capital Bancorp Inc), Retirement Plan Agreement (Capital Bancorp Inc)

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Judicial Relief. In the event of a breach or threatened breach by the Executive of any provision of these restrictions, the Executive recognizes the substantial and immediate harm that a breach or threatened breach will impose upon the Bank, and further recognizes that in such event monetary damages may be inadequate to fully protect the Bank. Accordingly, in the event of a breach or threatened breach of this Agreement, the Executive consents to the Bank's entitlement to such ex parte, preliminary, interlocutory, temporary or permanent injunctive, or any other equitable relief, protecting and fully enforcing the Bank's rights hereunder and preventing the Executive from further breach breaching any of his obligations set forth herein. The Executive expressly waives any requirement, based on any statute, rule of procedure, or other source, that the Bank post a bond as a condition of obtaining any of the above-described remedies. Nothing herein shall be construed as prohibiting the Bank from pursuing any other remedies available to the Bank at law or in equity for such breach or threatened breach, including the recovery of damages from the Executive. The Executive expressly acknowledges and agrees that: (i) the restrictions set forth in this Section 5 are reasonable, in terms of scope, duration, geographic area, and otherwise, (ii) the protections afforded the Bank in this Section 5 are necessary to protect its legitimate business interest, (iii) the restrictions set forth in this Section 5 will not be materially adverse to the Executive's employment with the Bank, and (iv) Executive's agreement to observe such restrictions forms a material part of the consideration for this Agreement. Further, reference to "Bank" in this Section is intended to, and does, include reference to the Corporation or any other affiliate of the Bank and/or the corporation Corporation that has been or is threatened with damage or injury as a result of Executive's violation of this Section.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Capital Bancorp Inc), Retirement Plan Agreement (Capital Bancorp Inc)

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