Amendment of Provisions to Comply with Law. EVA hereby covenants that it will not, directly or indirectly, initiate or participate in any action or proceeding or otherwise do or cause to be done any act or thing to cause any such covenant or obligation to be terminated, cancelled, voided, nullified, reduced in scope or effect, or otherwise declared unenforceable. If, however, any provision of this Agreement is finally determined or declared by a court or arbitrator to be illegal, unenforceable, invalid, contrary to public policy, void, or voidable, Employee and Company, acting reasonably and in good faith, will negotiate an equitable adjustment to the provisions of this Agreement with the view to effecting, to the greatest extent possible, the original purpose and intent of this Agreement, including the maximum duration, maximum geographic limitation, and maximum prohibited activity scope and other limitations permitted (but not in excess of the Protected Term). If Employee and Company are unable to reach such a negotiated adjustment after such determination or declaration is made by a court or arbitrator, either party may require such adjustment to be determined in an application to a court in accordance with Section 5.14. In any event, the applicable court or arbitrator is hereby authorized and directed to construe and enforce the applicable provisions of this Agreement as if the duration, geographic scope, or scope of activity in question, or any other part of such provisions, has been more narrowly drawn so as not to be invalid or unenforceable, and the validity and enforceability of the remaining provisions of this Agreement will not be affected by any amendment contemplated by or made pursuant to this Section 4.4.
Amendment of Provisions to Comply with Law. If any provision of this Section 10 is finally determined or declared by a court of competent jurisdiction or arbitrator to be illegal, unenforceable, invalid, contrary to public policy, void or voidable under any applicable law, the applicable court or arbitrator shall have the authority to make an equitable adjustment to the applicable provisions of this Section 10 with the view to effecting, to the greatest extent possible, the original purpose and intent of the provisions of this Section 10, including, without limitation, the maximum durational, geographic and restricted activity scope and other limitations permitted by applicable law. In any event, the validity and enforceability of the remaining provisions of this Agreement shall not be affected by any amendment contemplated by or made pursuant to this Section 10.
Amendment of Provisions to Comply with Law. Each party hereby acknowledges and agrees that the provisions of Sections 6.2 and 6.3 are reasonable with respect to duration, geographic area and scope of restriction. If any provision of this Agreement is finally determined or declared by a Governmental Authority or arbitrator to be illegal, unenforceable, invalid, contrary to public policy, void or voidable under any applicable Law, the applicable court or arbitrator shall have the authority to make an equitable adjustment to the provisions of Sections 6.2 and 6.3 (as applicable) with the view to effecting, to the greatest extent possible, the original purpose and intent of the provisions of such section, including, without limitation, the maximum durational, geographic restricted activity scope and other limitations permitted by applicable Law. In any event, the validity and enforceability of the remaining provisions of Sections 6.2 and 6.3 shall not be affected by any amendment contemplated by or made pursuant to this Section 6.4.
Amendment of Provisions to Comply with Law. Each Party acknowledges and agrees that the covenants and obligations made and undertaken by it in ARTICLE 2 and this ARTICLE 4, as applicable, are reasonable with respect to duration, geographic area and scope of activity, and each Party covenants that it will not, directly or indirectly, initiate or participate in any action or otherwise do or cause to be done any act or thing to cause any such covenant or obligation to be terminated, cancelled, voided, nullified, reduced in scope or effect or otherwise declared unenforceable. If, however, any provision of this Agreement is finally determined or declared by a court of competent jurisdiction to be illegal, unenforceable, invalid, contrary to public policy, void or voidable under any applicable Law, then the Parties will negotiate an equitable adjustment to the provisions of this Agreement with the view to effecting, to the greatest extent possible, the original purpose and intent of this Agreement, including, without limitation, the maximum durational, geographic and other limitations permitted by applicable Law. In particular, if required by a final determination or declaration of a court of competent jurisdiction in order for this Agreement to remain valid and enforceable against the Parties:
