Common use of NON-COMPETITION AND NON-DISCLOSURE Clause in Contracts

NON-COMPETITION AND NON-DISCLOSURE. (a) As a material inducement of the Bank to enter into this Agreement, upon any termination of Executive’s employment hereunder pursuant to the terms of this Agreement, other than a termination of Executive’s employment under Section 5(a)(iii) of this Agreement or a termination for Just Cause, Executive agrees not to compete with the Bank or any affiliate of the Bank (collectively said entities are referred to as the “Bank” for purposes of this Section 11) for a period of twelve (12) months following such termination within a forty-five (45) mile radius of the main office of the Bank. Executive agrees that during this period and within a forty-five (45) mile radius of the main office of the Bank, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Bank. Executive further agrees that for a period of twelve (12) months following any termination of employment, he shall not directly or indirectly, solicit, hire, or entice any of the following persons or entities to cease, terminate, or reduce any relationship with the Bank or to divert any business from the Bank: (i) any person who was an employee of the Bank during the term of this Agreement; or (ii) any customer or client of the Bank. Further, Executive will not directly or indirectly disclose the names, addresses, telephone numbers, compensation, or other arrangements between the Bank and any person or entity described in (a)(i) and (a)(ii) of this Section 11. The parties hereto, recognizing that irreparable injury will result to the Bank, its business and property in the event of Executive’s breach of this Section 11(a), agree that in the event of any such breach by Executive, the Bank will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s partners, agents, servants, employees and all persons acting for or under the direction of Executive. Nothing herein will be construed as prohibiting the Bank from pursuing any other remedies available to the Bank for such breach or threatened breach, including the recovery of damages from Executive.

NON-COMPETITION AND NON-DISCLOSURE. (a) As a material inducement of the Bank Association to enter into this Agreement, upon any termination of Executive’s employment hereunder pursuant to the terms of this Agreement, other than a termination of Executive’s employment under Section 5(a)(iii) of this Agreement or a termination for Just CauseAgreement, Executive agrees not to compete with the Bank Association, the Company or any affiliate of the Bank Association or the Company (collectively said entities are referred to as the “BankAssociation” for purposes of this Section 11) for a period of twelve (12) months following such termination within a forty-five fifty (4550) mile radius of the main office of the BankAssociation. Executive agrees that during this period and within a forty-five fifty (4550) mile radius of the main office of the BankAssociation, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the BankAssociation. Executive further agrees that for a period of twelve (12) months following any termination of employment, he shall not directly or indirectly, solicit, hire, or entice any of the following persons or entities to cease, terminate, or reduce any relationship with the Bank Association or to divert any business from the BankAssociation: (i) any person who was an employee of the Bank Association during the term of this Agreement; or (ii) any customer or client of the BankAssociation. Further, Executive will not directly or indirectly disclose the names, addresses, telephone numbers, compensation, or other arrangements between the Bank Association and any person or entity described in (a)(i) and (a)(ii) of this Section 11. The parties hereto, recognizing that irreparable injury will result to the BankAssociation, its business and property in the event of Executive’s breach of this Section 11(a), agree that in the event of any such breach by Executive, the Bank Association will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s partners, agents, servants, employees and all persons acting for or under the direction of Executive. Nothing herein will be construed as prohibiting the Bank Association from pursuing any other remedies available to the Bank Association for such breach or threatened breach, including the recovery of damages from Executive.

NON-COMPETITION AND NON-DISCLOSURE. (a) As a material inducement of the Bank to enter into this Agreement, upon any termination of Executive’s employment hereunder pursuant to the terms of this Agreement, other than a termination of Executive’s employment under Section 5(a)(iii) of this Agreement or a termination for Just CauseAgreement, Executive agrees not to compete with the Bank Bank, the Company or any affiliate of the Bank or the Company (collectively said entities are referred to as the “Bank” for purposes of this Section 11) for a period of twelve (12) months following such termination within a forty-five (45) mile radius of in any county where the main office of the BankBank has one or more branches. Executive agrees that during this period and within a forty-five (45) mile radius of any county where the main office of the BankBank has one or more branches, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the Bank. Executive further agrees that for a period of twelve (12) months following any termination of employment, he shall not directly or indirectly, solicit, hire, or entice any of the following persons or entities to cease, terminate, or reduce any relationship with the Bank or to divert any business from the Bank: (i) any person who was an employee of the Bank during the term of this Agreement; or (ii) any customer or client of the Bank. Further, Executive will not directly or indirectly disclose the names, addresses, telephone numbers, compensation, or other arrangements between the Bank and any person or entity described in (a)(i) and (a)(ii) of this Section 11. The parties hereto, recognizing that irreparable injury will result to the Bank, its business and property in the event of Executive’s breach of this Section 11(a), agree that in the event of any such breach by Executive, the Bank will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s partners, agents, servants, employees and all persons acting for or under the direction of Executive. Nothing herein will be construed as prohibiting the Bank from pursuing any other remedies available to the Bank for such breach or threatened breach, including the recovery of damages from Executive.

NON-COMPETITION AND NON-DISCLOSURE. (a) As a material inducement of the Bank Association to enter into this Agreement, upon any termination of Executive’s employment hereunder pursuant to the terms of this Agreement, other than a termination of Executive’s employment under Section 5(a)(iii) of this Agreement or a termination for Just CauseAgreement, Executive agrees not to compete with the Bank Association, the Company or any affiliate of the Bank Association or the Company (collectively said entities are referred to as the “BankAssociation” for purposes of this Section 11) for a period of twelve (12) months following such termination within a forty-five (45) mile radius of in any county where the main office of the BankAssociation has one or more branches. Executive agrees that during this period and within a forty-five (45) mile radius of any county where the main office of the BankAssociation has one or more branches, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the BankAssociation. Executive further agrees that for a period of twelve (12) months following any termination of employment, he shall not directly or indirectly, solicit, hire, or entice any of the following persons or entities to cease, terminate, or reduce any relationship with the Bank Association or to divert any business from the BankAssociation: (i) any person who was an employee of the Bank Association during the term of this Agreement; or (ii) any customer or client of the BankAssociation. Further, Executive will not directly or indirectly disclose the names, addresses, telephone numbers, compensation, or other arrangements between the Bank Association and any person or entity described in (a)(i) and (a)(ii) of this Section 11. The parties hereto, recognizing that irreparable injury will result to the BankAssociation, its business and property in the event of Executive’s breach of this Section 11(a), agree that in the event of any such breach by Executive, the Bank Association will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s partners, agents, servants, employees and all persons acting for or under the direction of Executive. Nothing herein will be construed as prohibiting the Bank Association from pursuing any other remedies available to the Bank Association for such breach or threatened breach, including the recovery of damages from Executive.

NON-COMPETITION AND NON-DISCLOSURE. (a) As a material inducement of the Bank Association to enter into this Agreement, upon any termination of Executive’s employment hereunder pursuant to the terms of this Agreement, other than a termination of Executive’s employment under Section 5(a)(iii) of this Agreement or a termination for Just CauseAgreement, Executive agrees not to compete with the Bank Association, the Company or any affiliate of the Bank Association or the Company (collectively said entities are referred to as the “BankAssociation” for purposes of this Section 11) for a period of twelve (12) months following such termination within a forty-five fifty (4550) mile radius of the main office of the BankAssociation. Executive agrees that during this period and within a forty-five fifty (4550) mile radius of the main office of the BankAssociation, Executive shall not work for or advise, consult or otherwise serve with, directly or indirectly, any entity whose business materially competes with the depository, lending or other business activities of the BankAssociation. Executive further agrees that for a period of twelve (12) months following any termination of employment, he she shall not directly or indirectly, solicit, hire, or entice any of the following persons or entities to cease, terminate, or reduce any relationship with the Bank Association or to divert any business from the BankAssociation: (i) any person who was an employee of the Bank Association during the term of this Agreement; or (ii) any customer or client of the BankAssociation. Further, Executive will not directly or indirectly disclose the names, addresses, telephone numbers, compensation, or other arrangements between the Bank Association and any person or entity described in (a)(i) and (a)(ii) of this Section 11. The parties hereto, recognizing that irreparable injury will result to the BankAssociation, its business and property in the event of Executive’s breach of this Section 11(a), agree that in the event of any such breach by Executive, the Bank Association will be entitled, in addition to any other remedies and damages available, to an injunction to restrain the violation hereof by Executive, Executive’s partners, agents, servants, employees and all persons acting for or under the direction of Executive. Nothing herein will be construed as prohibiting the Bank Association from pursuing any other remedies available to the Bank Association for such breach or threatened breach, including the recovery of damages from Executive.