Common use of Blue Pencil Doctrine Clause in Contracts

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 40 contracts

Samples: Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.)

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Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 14 contracts

Samples: Employment Agreement (Valuevision Media Inc), Employment Agreement (WII Components, Inc.), Employment Agreement (Advanced BioEnergy, LLC)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 2 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 2 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not snot exceeding its express terms, possible under applicable law.

Appears in 10 contracts

Samples: Employment Agreement (Bioventus Inc.), Employment Agreement (Bioventus Inc.), Employment Agreement (Bioventus Inc.)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 8 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 8 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 8 contracts

Samples: Employment Agreement (Stellent Inc), Employment Agreement (Wilsons the Leather Experts Inc), Employment Agreement (Stellent Inc)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 6 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 6 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 6 contracts

Samples: Executive Employment Agreement (Life Time Group Holdings, Inc.), Executive Employment Agreement (Life Time Group Holdings, Inc.), Executive Employment Agreement (Life Time Group Holdings, Inc.)

Blue Pencil Doctrine. If the duration of, the scope of of, or any business activity covered by any provision of this Section 7 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall will be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Employee hereby acknowledges that this Section 7 shall will be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 5 contracts

Samples: Employment Agreement (Advanced BioEnergy, LLC), Employment Agreement (Advanced BioEnergy, LLC), Employment Agreement (Advanced BioEnergy, LLC)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall will be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 shall will be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 5 contracts

Samples: Transition Agreement (Tactile Systems Technology Inc), Employment Agreement (Tactile Systems Technology Inc), Employment Agreement (Tactile Systems Technology Inc)

Blue Pencil Doctrine. If the duration ofduration, the scope of or any business activity covered by any provision of this Section 7 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that such duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges and agrees that this Section 7 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, extent (not exceeding its express terms, ) possible under applicable law.

Appears in 4 contracts

Samples: Employment Agreement (CorEnergy Infrastructure Trust, Inc.), Employment Agreement (CorEnergy Infrastructure Trust, Inc.), Employment Agreement (CorEnergy Infrastructure Trust, Inc.)

Blue Pencil Doctrine. If the duration or geographical extent of, the scope of or any business activity activities covered by any provision of by, this Section 7 is are in excess of what is determined to be valid and enforceable under applicable law, then such provision shall be construed to cover only that duration, scope geographical extent or activity activities that is determined to be are valid and enforceable. Executive hereby acknowledges the uncertainty of the law in this respect and expressly stipulates that this Section 7 shall Agreement be given the construction that which renders its provisions valid and enforceable to the maximum extent, extent (not exceeding its express terms, ) possible under applicable lawlaws.

Appears in 4 contracts

Samples: Employment Agreement (Digital Angel Corp), Employment Agreement (Digital Angel Corp), Employment Agreement (Digital Angel Corp)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 6 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 6 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 4 contracts

Samples: Employment Agreement (Gander Mountain Co), Employment Agreement (Gander Mountain Co), Employment Agreement (Gander Mountain Co)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 8 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 8 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 2 contracts

Samples: Employment Agreement (Valuevision Media Inc), Employment Agreement (Fair Isaac Corp)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 8 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 8 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 2 contracts

Samples: Separation Agreement (Life Time Fitness Inc), Separation Agreement (Life Time Fitness Inc)

Blue Pencil Doctrine. If the duration or geographical extent of, the scope of or any business activity activities covered by any provision of this Section 7 is 7.5 are in excess of what is determined to be valid and enforceable under applicable law, then such provision shall be construed to cover only that duration, scope geographical extent or activity activities that is determined to be are valid and enforceable. Executive hereby Employee acknowledges the uncertainty of the law in this respect and expressly stipulates that this Section 7 shall Agreement be given the construction that which renders its provisions valid and enforceable to the maximum extent, extent (not exceeding its express terms, ) possible under applicable law.

Appears in 2 contracts

Samples: Employment Agreement (ProUroCare Medical Inc.), Employment Agreement (ProUroCare Medical Inc.)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity activities covered by any provision of this Section 7 is are in excess of what is determined to be valid and enforceable under applicable law, then such provision shall be construed to cover only that duration, scope duration or activity activities that is determined to be are valid and enforceable. Executive hereby acknowledges that this Section 7 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.and

Appears in 2 contracts

Samples: Employment Agreement (Transport America, Inc.), Employment Agreement (Transport America, Inc.)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 8 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Employee hereby acknowledges that this Section 7 8 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Employment Agreement (Stellent Inc)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Employment Agreement (Startek Inc)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Transition Agreement (Life Time Fitness, Inc.)

Blue Pencil Doctrine. If the duration of, the scope of of, or any business activity covered by any provision of this Section 7 6 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Employee hereby acknowledges that this Section 7 6 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Employment Agreement (Mister Car Wash, Inc.)

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Blue Pencil Doctrine. If the duration of, the scope of of, or any business activity covered by any provision of this Section 7 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope scope, or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 shall will be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Employment Agreement (USA Mobility, Inc)

Blue Pencil Doctrine. If the duration or geographical extent of, the scope of or any business activity activities covered by any provision of by, this Section 7 is are in excess of what is determined to be valid and enforceable under applicable law, such provision shall will be construed to cover only that duration, scope geographical extent, or activity activities that is determined to be are valid and enforceable. Executive hereby acknowledges the uncertainty of the law in this respect and expressly stipulates that this Section 7 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, extent (not exceeding its express terms, ) possible under applicable lawlaws.

Appears in 1 contract

Samples: Separation Agreement (Daktronics Inc /Sd/)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 is deemed in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 7 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Transition Agreement (Ceco Environmental Corp)

Blue Pencil Doctrine. If the duration or geographical extent of, the scope of or any business activity activities covered by any provision of by, this Section 7 is are in excess of what is determined to be valid and enforceable under applicable law, then such provision shall be construed to cover only that duration, scope geographical extent or activity activities that is determined to be are valid and enforceable. Executive hereby acknowledges that this Section 7 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Employment Agreement (Bioforce Nanosciences Holdings, Inc.)

Blue Pencil Doctrine. If the duration of, of or the scope of or any business activity covered by any provision of this Section 7 paragraph 9 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Brebach hereby acknowledges that this Section 7 paragraph 9 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, extent (not exceeding its express terms, ) possible under applicable law.

Appears in 1 contract

Samples: Transition Agreement (Fair Isaac Corp)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 6 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Employee hereby acknowledges that this Section 7 6 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Employment Agreement (Rimage Corp)

Blue Pencil Doctrine. If To the except permitted by applicable law, if the duration of, the scope of or any business activity covered by any provision of this Section 7 Sections 12, 13, and 14 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall will be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Employee hereby acknowledges that this Section 7 shall these sections will be given the construction that renders its their provisions valid and enforceable to the maximum extent, not exceeding its their express terms, possible under applicable law.

Appears in 1 contract

Samples: Confidentiality, Assignment of Intellectual Property and Restrictive Covenants Agreement (Tactile Systems Technology Inc)

Blue Pencil Doctrine. If the duration of, the scope of of, or any business activity covered by by, any provision of this Section 7 1 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall will be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Appointee hereby acknowledges that this Section 7 shall 1 will be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Unit Purchase Agreement (Soy Energy, LLC)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 Article V is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Employee hereby acknowledges that this Section 7 Article shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Employment Agreement (First Solar, Inc.)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Employee hereby acknowledges that this Section 7 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Employment Agreement (Texas Roadhouse, Inc.)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 7 1 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall will be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Unitholder hereby acknowledges that this Section 7 shall 1 will be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Merger Agreement (Advanced BioEnergy, LLC)

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