Blue Penciling. If a court of competent jurisdiction construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the area covered thereby, such court shall have the power to reduce the duration or area of such provision and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 13 contracts
Samples: Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc)
Blue Penciling. If a any court of competent jurisdiction construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the area covered thereby, such court shall have the power to reduce the duration or area of such provision and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforced to the greatest extent possible.
Appears in 11 contracts
Samples: Employment Agreement (Travelcenters of America Inc), Employment Agreement (Travelcenters Realty Inc), Employment Agreement (Travelcenters of America Inc)
Blue Penciling. If a court Court of competent jurisdiction construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the area covered thereby, such court shall have the power to reduce the duration or area of such provision and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 5 contracts
Samples: Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc /Nj), Employment Agreement (Metalico Inc)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenants, or any part thereof, to be is unenforceable because of the duration or geographic scope of such provision or the area covered therebyprovision, then such court shall have the power to reduce the duration or area scope of such provision andprovision, as the case may be, and in its reduced form, such provision shall then be enforceable and shall be enforced.enforceable;
Appears in 2 contracts
Samples: Employment Agreement (HCC Industries Inc /De/), Employment Agreement (HCC Industries Inc /De/)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Aligned Restrictive Covenants, or any part thereof, to be is unenforceable because of the scope of the business activities covered, the duration of such provision or the area covered therebygeographic area, such court shall have the power to reduce the scope duration or area of such provision provision, as the case may be, to the minimum extent necessary to render it enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Apollo Medical Holdings, Inc.), Stock Purchase Agreement (Apollo Medical Holdings, Inc.)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenantsrestrictive covenants, or any part thereof, to be is unenforceable because of the duration or scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedto the maximum extent permitted by applicable law.
Appears in 2 contracts
Samples: Separation Agreement (Autobytel Inc), Separation Agreement (Autobytel Inc)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenants, or any part thereof, to be is unenforceable because of the duration of such provision or the area covered thereby, such court shall have the power to reduce the duration or area of such provision provisions and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 2 contracts
Samples: Installment Purchase and Sale Agreement (Hampshire Group LTD), Asset Purchase and Sale Agreement (Robotic Vision Systems Inc)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenantscovenants of Section 4, or any part thereof, to be is unenforceable because of the duration or geographic scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 2 contracts
Samples: Employment Agreement (Calton Inc), Executive Employment Agreement (Calton Inc)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenants, or any part thereof, to be ; is unenforceable because of the duration or geographic scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 1 contract
Samples: Agreement of Merger (Eclipsys Corp)
Blue Penciling. If a any court of competent jurisdiction construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration of such provision or the area covered thereby, such court shall have the power to reduce the duration or of the area of or otherwise alter such provision and, in its reduced form, such provision shall then be enforceable and shall then be enforced.
Appears in 1 contract
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenants-------------- noncompetition and other restrictive covenants and agreements, or any part thereof, to be unenforceable is unen forceable because of the duration or geographic scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedto the maximum extent permitted by applicable law.
Appears in 1 contract
Samples: Noncompetition Agreement (Firstamerica Automotive Inc /De/)
Blue Penciling. If a any court of competent jurisdiction construes determines that any one or more of the Restrictive Covenantsrestrictive covenants contained in Sections 4.4 or 4.5, or any part thereof, to be is unenforceable because of the duration of such provision or the area territory covered thereby, such court shall have the power to reduce the duration or area territory of such provision provisions, and, in its reduced form, such provision provisions shall then be enforceable and shall be enforced.
Appears in 1 contract
Blue Penciling. If a any court of competent jurisdiction construes determines that any one or more of the Restrictive Covenants, or any part thereof, to shall be unenforceable because of the scope, duration of such provision or the and/or geographical area covered therebyby such provision, such court shall have the power to reduce the scope, duration or area of such provision and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 1 contract
Samples: Agreement of Confidentiality and Non Competition (Energy Focus, Inc/De)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenantsnoncompetition and other restrictive covenants and agreements, or any part thereof, to be is unenforceable because of the duration or geographic scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedto the maximum extent permitted by applicable law.
Appears in 1 contract
Samples: Exchange Agreement (Mdsi Mobile Data Solutions Inc /Can/)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenants, or any part thereof, is unenforceable as to be unenforceable Conseco because of the duration or geographic scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 1 contract
Samples: Stock Purchase Agreement (ExlService Holdings, Inc.)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the -------------- Restrictive Covenants, or any part thereof, to be are unenforceable because of the duration or geographic scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 1 contract
Blue Penciling. If a any court of competent jurisdiction construes any of the Restrictive Covenants, or any part thereof, to be unenforceable because of the duration or geographical scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 1 contract
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenantsrestrictive covenants, or any part thereof, to be is unenforceable because of the duration or geographical and/or subject matter scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedto the maximum extent permitted by applicable law.
Appears in 1 contract
Samples: Separation Agreement (Bally Total Fitness Holding Corp)
Blue Penciling. If a any court of competent jurisdiction construes determines that any of the Restrictive Covenants, or any part thereof, to be is unenforceable because of the duration or geographic scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 1 contract
Samples: Employment Agreement (CCBN Com)
Blue Penciling. If a any court of competent jurisdiction construes any of the Restrictive -------------- Covenants, or any part thereof, to be unenforceable because of the duration or geographic scope of such provision or the area covered therebyprovision, such court shall have the power to reduce the duration or area scope of such provision and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 1 contract