Blue Pencil Provision. The parties hereby expressly agree that the duration, scope and geographic area of restriction set forth in this Section 8 are reasonable and necessary to protect the legitimate business interests of the Company. If any provision of this Agreement should be found by any court of competent jurisdiction to be unenforceable for any reason, including but not limited to being too broad as to duration, scope, or area of restriction, then, and in that event, such provision will nonetheless remain valid and fully effective, but will be considered to be amended so that the duration, scope, and/or area of restriction set forth will be changed to be the maximum duration, scope, or area of restriction, as the case may be, that would be found enforceable by such court.
Blue Pencil Provision. The parties hereby expressly agree that the duration, scope and geographic area of restriction set forth in this Section 8 are reasonable. In the event that any court of competent jurisdiction shall hold that the duration, scope or area of restriction set forth in this Section 8 is unreasonable under circumstances now or hereafter existing, the maximum duration, scope or area of restriction reasonable under such circumstances shall be substituted, and each party hereto shall petition any such court to cause the maximum duration, scope or area of restriction reasonable under such circumstances to be so substituted for the duration, scope or area of restriction set forth herein.
Blue Pencil Provision. In the event that any provision, or part thereof, shall be declared by a court to exceed the maximum time period or scope that the court deems to be enforceable, then the parties hereto expressly authorize the court to modify such provision, or part thereof, so that it may be enforced to the fullest extent permitted by law.
Blue Pencil Provision. Employee acknowledges that the scope, periods and --------------------- geographic area of restriction imposed by Section 8 and Section 9 are fair and reasonable and are reasonably required for the protection of the Company. If any part or parts of Section 8 or Section 9 shall be held to be unenforceable or invalid, the remaining parts thereof shall nevertheless continue to be valid and enforceable as though the invalid portion or portions were not a part hereof. If any of the provisions of Section 8 and Section 9 relating to the scope, periods or geographic area of restriction shall be deemed to exceed the maximum scope, periods of time or area which a court of competent jurisdiction would deem enforceable, the scope, times and area shall, for the purposes of Section 8 and Section 9, be deemed to be the maximum scope, time periods and area which a court of competent jurisdiction would deem valid and enforceable in any state in which such court of competent jurisdiction shall be convened. The invalidity or unenforceability of any provision hereof in one jurisdiction shall not affect its validity or enforceability in another jurisdiction.
Blue Pencil Provision. Employee acknowledges that the periods, scope and geographic area of restriction imposed by Section 6 and Section 7 are fair and reasonable and are reasonably required for the protection of the Company. If any part or parts of Section 6 or Section 7 shall be held to be unenforceable or invalid, the remaining parts thereof shall nevertheless continue to be valid and enforceable as though the invalid portion or portions were not a part hereof. If any of the provisions of Section 6 or Section 7 relating to the scope, periods of time or geographic area of restriction shall be deemed to exceed the maximum scope, periods of time or geographic area which a court of competent jurisdiction would deem enforceable, the scope, times and geographic area shall, for the purposes of Section 6 and Section 7, be deemed to be the maximum scope, time periods and geographic area which a court of competent jurisdiction would deem valid and enforceable in any state in which such court of competent jurisdiction shall be convened. The invalidity or unenforceability of any provision of Section 6 or 7 in one jurisdiction shall not affect its validity or enforceability in another jurisdiction.
Blue Pencil Provision. Employee acknowledges that the period of restriction imposed by Sections 5.1 and 5.2 hereof are fair and reasonable and are reasonably required for the protection of the Company. If any part or parts of Sections 5.1 and 5.2 hereof shall be held to be unenforceable or invalid, the remaining parts shall nevertheless continue to be valid and enforceable as though the invalid portion or portions were not a part of this Agreement. If any of the provisions of Sections 5.1 or 5.2 hereof relating to the periods or area of restriction shall be deemed to exceed the maximum periods or area which a court of competent jurisdiction would deem enforceable, the periods or area shall, for the purposes of said Sections 5.1 and/or 5.2, be deemed to be the maximum time periods and area which a court of competent jurisdiction would deem valid and enforceable in any state or country in which such court of competent jurisdiction shall be convened.
Blue Pencil Provision. The parties have attempted to limit Executive’s right to compete only to the extent necessary to protect Company from unfair competition. The parties recognize, however, that reasonable people may differ in making such a determination. Consequently, the parties hereby agree that if the duration or geographical extent of, or business activities covered by Section 1, are in excess of what is valid and enforceable under applicable law, then such provision shall be construed to cover only that duration, geographical extent or activities that are valid and enforceable. Executive acknowledges the uncertainty of the law in this respect and expressly stipulates that this Agreement be given the construction which renders its provisions valid and enforceable to the maximum extent (not exceeding its express terms) possible under applicable law. Any reduction in the scope of Section 1 shall not be accompanied by a corresponding reduction in and to the quarterly payments required by Section 2.
Blue Pencil Provision. The Employee acknowledges that the time periods and geographic area of restriction imposed by Sections 9 and 10 are fair and reasonable and are reasonably required for the protection of the Company. If any part or parts of Sections 9 or 10 shall be held to be unenforceable or invalid, the remaining parts thereof shall nevertheless continue to be valid and enforceable as though the invalid portion or portions were not a part hereof. If any of the provisions of Sections 9 or 10 relating to the periods or geographic area of restriction shall be deemed to exceed the maximum periods of time or area which a court of competent jurisdiction would deem enforceable, the times and area shall, for the purposes of Sections 9 and 10, be deemed to be the maximum time periods and area which a court of competent jurisdiction would deem valid and enforceable in any state in which such court of competent jurisdiction shall be convened.
Blue Pencil Provision. In the event any of the foregoing restrictions are adjudged unreasonable in any proceeding, then the parties agree that the period of time or the scope of such restriction (or both) shall be adjusted in such a manner or for such a time (or both) as is adjudged to be reasonable.
Blue Pencil Provision. If Section 7 and/or Section 8 shall for any reason be held to be excessively broad as to duration, scope, activity or subject in any jurisdiction, it shall (but only in such jurisdiction) be construed by limiting and reducing it, so as to be enforceable to the maximum extent compatible with applicable law.
