Common use of Blue Pencil Clause in Contracts

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 15 contracts

Samples: Employment Agreement (Surgery Partners, Inc.), Employment Agreement (Surgery Partners, Inc.), Employment Agreement (Surgery Partners, Inc.)

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Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) covenant contained in this Section 8, including, without limitation, the Restricted Period, to be too lengthy or the Territory to be too extensive, the other provisions of this Section 7 8 shall nevertheless stand, the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or the Territory to permissible duration or size.

Appears in 12 contracts

Samples: Employment Agreement (NanoFlex Power Corp), Employment Agreement (NanoFlex Power Corp), Employment Agreement (Universal Technology Systems Corp.)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined belowdefined) too lengthy or the Territory too extensive, the other provisions of this Section 7 Article IV shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 9 contracts

Samples: Employment Agreement (Novamed Inc), Employment Agreement (Novamed Inc), Employment Agreement (Novamed Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 6 shall nevertheless stand, the Restrictive Period herein period of restriction shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period of restriction and/or Territory to permissible duration or size.

Appears in 6 contracts

Samples: Executive Employment Agreement (Phone1globalwide Inc), Executive Employment Agreement (Phone1globalwide Inc), Executive Employment Agreement (Phone1globalwide Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) restrictive covenant contained in this Section 6.01 too lengthy or the Territory geographic area covered too extensive, the other provisions of this Section 7 6.01 shall nevertheless stand, the Restrictive Period herein Term shall be deemed to be the longest period permissible by law Law under the circumstances and the Territory herein geographic area covered shall be deemed to comprise the largest territory permissible by law Law under the circumstances. The court in each case shall reduce the time period Term and/or Territory geographic area covered to permissible duration or size.

Appears in 6 contracts

Samples: Closing Agreement (Standard Parking Corp), Closing Agreement (Standard Parking Corp), Closing Agreement (Standard Parking Corp)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 6 shall nevertheless stand, and the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or the Territory to permissible duration or size.

Appears in 5 contracts

Samples: Executive Employment Agreement (Anicom Inc), Executive Employment Agreement (Anicom Inc), Executive Employment Agreement (Anicom Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) restrictive covenant contained in this Article XI too lengthy or the Territory territory too extensive, the other provisions of this Section 7 Article XI shall nevertheless stand, the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein territory described in Section 11.2 shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or Territory territory described in Section 11.2 to permissible duration or size.

Appears in 5 contracts

Samples: Asset Contribution and Exchange Agreement, Purchase Agreement (Novamed Inc), Asset Contribution and Exchange Agreement (Novamed Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) Non-Compete Period too lengthy or the Territory too extensive, the other provisions of this Section 7 shall nevertheless stand, the Restrictive Non-Compete Period herein shall be deemed reduced to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise comprised of the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Non-Compete Period and/or Territory to one of permissible duration or size.

Appears in 4 contracts

Samples: Employment Agreement (Total Identity Corp), Employment Agreement (Total Identity Corp), Employment Agreement (Directview Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 5 shall nevertheless stand, and the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or the Territory to permissible duration or size.

Appears in 3 contracts

Samples: Executive Employment Agreement (Anicom Inc), Executive Employment Agreement (Anicom Inc), Executive Employment Agreement (Anicom Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 6 shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 2 contracts

Samples: Retirement and Consulting Agreement (Surgery Partners, Inc.), Employment Agreement (Surgery Partners, Inc.)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) restrictive covenant contained in this SECTION 6.5 too lengthy or the Territory too extensive, the other provisions of this Section 7 SECTION 6.5 shall nevertheless stand, the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or Territory to permissible duration or size.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Kensey Nash Corp), Asset Purchase Agreement (Kensey Nash Corp)

Blue Pencil. If any court or arbitrator of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined belowdefined) too lengthy or the Territory too extensive, the other provisions of this Section 7 Article 4 shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 2 contracts

Samples: Executive Employment Agreement (Todd Shipyards Corp), Executive Employment Agreement (Todd Shipyards Corp)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) restrictive covenant contained in this Section 6.1 too lengthy or the Territory too extensive, the other provisions of this Section 7 6.1 shall nevertheless stand, the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law applicable Law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law applicable Law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.. ​ ​

Appears in 2 contracts

Samples: Inventory Purchase Agreement (Tessco Technologies Inc), Inventory Purchase Agreement (Tessco Technologies Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) restrictive covenant contained in this ARTICLE 6.1 too lengthy or the Territory too extensive, the other provisions of this Section 7 ARTICLE 6.1 shall nevertheless stand, the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Dwyer Group Inc), Stock Purchase Agreement (Dwyer Group Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined belowdefined) too lengthy or the Territory too extensive, the other provisions of this Section 7 Annex A shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Novamed Inc), Restricted Stock Award Agreement (Novamed Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined belowdefined) too lengthy or the Territory too extensive, the other provisions of this Section 7 4 shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 2 contracts

Samples: Employment Agreement (Novamed Eyecare Inc), Employment Agreement (Novamed Eyecare Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined belowdefined) too lengthy or the Territory too extensive, the other provisions of this Section 7 SECTION 4 shall nevertheless stand, the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or Territory to permissible duration or size.

Appears in 2 contracts

Samples: Employment Agreement (Decorative Home Accents Inc), Employment Agreement (Decorative Home Accents Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) restrictive covenant contained in this Section 7 too lengthy or the Territory subject matter too extensive, the other provisions of this Section 7 shall nevertheless stand, the Restrictive Period herein term shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein geographic area covered shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory term or geographic area covered to permissible duration or and size.

Appears in 2 contracts

Samples: Employment Agreement (Faraday Future Intelligent Electric Inc.), Employment Agreement (Property Solutions Acquisition Corp.)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 5 shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 1 contract

Samples: Retirement Agreement (Surgery Partners, Inc.)

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Blue Pencil. If any court of competent jurisdiction shall at ----------- any time deem the E-38 term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 5 shall nevertheless stand, and the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or the Territory to permissible duration or size.

Appears in 1 contract

Samples: Executive Employment Agreement (Amserv Healthcare Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined belowdefined) too lengthy or the Territory territory too extensive, the other provisions of this Section 7 3 shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory territory to permissible duration or size.

Appears in 1 contract

Samples: Employment Agreement (Fortress Group Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined belowthe "RESTRICTED PERIOD") too lengthy or the Territory too extensive, the other provisions of this Section 7 SECTION 8 shall nevertheless stand, and the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or the Territory to permissible duration or size.

Appears in 1 contract

Samples: Employment Agreement (Atlantic Premium Brands LTD)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined belowdefined) too lengthy or the Territory too extensive, the other provisions of this Section 7 Article 4 shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 1 contract

Samples: Executive Employment Agreement (Todd Shipyards Corp)

Blue Pencil. If any court of competent jurisdiction shall at ----------- any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 SECTION 5 shall nevertheless stand, and the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or the Territory to permissible duration or size.

Appears in 1 contract

Samples: Executive Employment Agreement (Amserv Healthcare Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 13 shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 1 contract

Samples: Restricted Stock Agreement (Surgery Partners, Inc.)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) restrictive covenant contained in this Article 5 too lengthy or the Territory too extensive, the other provisions of this Section 7 Article 5 shall nevertheless stand, the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or the Territory to permissible duration or size.

Appears in 1 contract

Samples: Stock Purchase Agreement (Q2Earth Inc.)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 6 shall nevertheless stand, and the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or the Territory to a permissible duration or size.

Appears in 1 contract

Samples: Settlement Agreement (Anicom Inc)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 8 shall nevertheless stand, the Restrictive Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 1 contract

Samples: Employment Agreement (Surgery Partners, Inc.)

Blue Pencil. If any court of competent jurisdiction shall at ----------- any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) restrictive covenant contained in this Section 6.3 too lengthy or the Territory too extensive, the other provisions of this Section 7 6.3 shall nevertheless stand, the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or Territory to permissible duration or size.

Appears in 1 contract

Samples: Stock Purchase Agreement (Allin Communications Corp)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined belowdefined) too lengthy or the Territory too extensive, the other provisions of this Section 7 1 shall nevertheless stand, the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances circumstances, and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period and/or Territory to permissible duration or size.

Appears in 1 contract

Samples: Series a Securities Purchase Agreement (Blue Rhino Corp)

Blue Pencil. If any court of competent jurisdiction shall at any time deem the term of this Agreement or any particular Restrictive Covenant (as defined below) too lengthy or the Territory too extensive, the other provisions of this Section 7 5 shall nevertheless stand, and the Restrictive Restricted Period herein shall be deemed to be the longest period permissible by law under the circumstances and the Territory herein shall be deemed to comprise the largest territory permissible by law under the circumstances. The court in each case shall reduce the time period Restricted Period and/or the Territory to a permissible duration or size.

Appears in 1 contract

Samples: Settlement Agreement (Anicom Inc)

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