Common use of Blue Penciling Clause in Contracts

Blue Penciling. If any court 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 be enforceable and shall be enforced to the greatest extent possible.

Appears in 11 contracts

Samples: Employment Agreement (Travelcenters Realty Inc), Employment Agreement (Travelcenters of America Inc), Employment Agreement (Travelcenters of America LLC)

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Blue Penciling. If any court 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 to the greatest extent possibleenforced.

Appears in 5 contracts

Samples: Employment Agreement (Metalico Inc), Employment Agreement (Metalico Inc /Nj), Employment Agreement (Metalico Inc)

Blue Penciling. If any court 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 to the greatest extent possibleenforced.

Appears in 2 contracts

Samples: Installment Purchase and Sale Agreement (Hampshire Group LTD), Asset Purchase Agreement (Robotic Vision Systems Inc)

Blue Penciling. If any court construes of competent jurisdiction 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 enforced to the greatest maximum extent possiblepermitted by applicable law.

Appears in 2 contracts

Samples: Separation Agreement (Autobytel Inc), Separation Agreement (Autobytel Inc)

Blue Penciling. If any court 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 to the greatest extent possibleenforceable.

Appears in 1 contract

Samples: Merger Agreement (Eclipsys Corp)

Blue Penciling. If any court 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 enforced to the greatest extent possibleenforceable.

Appears in 1 contract

Samples: Employment Agreement (Acclaim Entertainment Inc)

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Blue Penciling. If any court 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 to the greatest extent possibleenforced.

Appears in 1 contract

Samples: Confidentiality Agreement (Energy Focus, Inc/De)

Blue Penciling. If any court 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 enforced to the greatest extent possibleenforceable.

Appears in 1 contract

Samples: Employment Agreement (Youbet Com Inc)

Blue Penciling. If any court 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 to the greatest extent possibleenforced.

Appears in 1 contract

Samples: Executive Employment Agreement (Positron Corp)

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