Blue-Pencilling. 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 then be enforceable and shall be enforced.
Appears in 16 contracts
Samples: Employment Agreement (Directv), Employment Agreement (Directv Group Inc), Employment Agreement (Gemstar Tv Guide International Inc)
Blue-Pencilling. If any court construes determines that any of the Restrictive Covenants, or any part thereof, to be is 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 provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 11 contracts
Samples: Employment Agreement (Ivex Packaging Corp /De/), Employment Agreement (Global Marine Inc), Employment Agreement (Di Industries Inc)
Blue-Pencilling. 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.
Appears in 10 contracts
Samples: Asset Purchase Agreement (Artra Group Inc), Asset Sale and Purchase Agreement (Interactive Data Corp/Ma/), Merger and Acquisition Agreement (Dvi Inc)
Blue-Pencilling. 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 enforcedenforceable.
Appears in 7 contracts
Samples: Employment Agreement (Team Communication Group Inc), Employment Agreement (Team Communication Group Inc), Employment Agreement (Youbet Com Inc)
Blue-Pencilling. If any court construes determines that any of the Restrictive CovenantsCovenant, 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 5 contracts
Samples: Employment Agreement (Work International Corp), Employment Agreement (Work International Corp), Employment and Stock Grant Agreement (Work International Corp)
Blue-Pencilling. If any court construes determines that any of the Restrictive Executive Covenants, or any part thereof, to be is 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 provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 5 contracts
Samples: Employment Agreement (Aladdin Capital Corp), Employment Agreement (Aladdin Capital Corp), Employment Agreement (Aladdin Capital Corp)
Blue-Pencilling. If any court construes determines that any of the Restrictive CovenantsExecutive's covenants, or any part thereof, to be is 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 provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 5 contracts
Samples: Employment Agreement (Aladdin Gaming Holding LLC), Employment Agreement (Aladdin Gaming Holding LLC), Employment Agreement (Aladdin Gaming Enterprises Inc)
Blue-Pencilling. 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 enforcedenforceable.
Appears in 4 contracts
Samples: Supplemental Agreement (Tom Online Inc), Stock Purchase Agreement (THQ Inc), Stock Purchase Agreement (THQ Inc)
Blue-Pencilling. 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 enforcedenforceable.
Appears in 3 contracts
Samples: Employment Agreement (Acclaim Entertainment Inc), Employment Agreement (Acclaim Entertainment Inc), Employment Agreement (Acclaim Entertainment Inc)
Blue-Pencilling. If any court 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 3 contracts
Samples: Stock Purchase Agreement (Detection Systems Inc), Employment Agreement (General Housing Inc), Stock Purchase Agreement (Numerex Corp /Pa/)
Blue-Pencilling. 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.
Appears in 3 contracts
Samples: Employment Agreement (Continental Waste Industries Inc), Employment Agreement (Continental Waste Industries Inc), Stock Option Agreement (Continental Waste Industries Inc)
Blue-Pencilling. 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.
Appears in 2 contracts
Samples: Change in Control Agreement (Hawk Corp), Change in Control Agreement (Hawk Corp)
Blue-Pencilling. If any court construes determines that any of the Restrictive Covenants, or any part thereof, to be is 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 2 contracts
Samples: Employment Agreement (Liberty Self Stor Inc), Employment Agreement (Liberty Self Stor Inc)
Blue-Pencilling. 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 and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Nfo Worldwide Inc), Share Purchase Agreement (Nfo Research Inc)
Blue-Pencilling. If any court construes determines that any of the Restrictive Covenantsnoncompetition --------------- covenant included in Section 1 hereof, 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 and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Grip Technologies Inc), Noncompetition Agreement (Grip Technologies Inc)
Blue-Pencilling. If any court construes determines that any of the Restrictive Covenants, or any part thereof, is unenforceable as to be unenforceable either Seller 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, as to such Seller, and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Amn Healthcare Services Inc), Stock Purchase Agreement (Amn Healthcare Services Inc)
Blue-Pencilling. If any a court of competent jurisdiction construes any provision of the Restrictive Covenants, or any part thereof, Covenants 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 formterms, such provision shall then be enforceable and shall be enforced.
Appears in 2 contracts
Samples: Employment Agreement (Compuware Corporation), Employment Agreement (Compuware Corporation)
Blue-Pencilling. 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 formfor, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 1 contract
Samples: Employment Agreement (Universal Stainless & Alloy Products Inc)
Blue-Pencilling. If any court construes determines that any of the Restrictive Covenants, or any part thereof, to be is unenforceable because of the duration or geographical or other 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. 3.
Appears in 1 contract
Samples: Nonqualified Stock Option Agreement (Juno Lighting Inc)
Blue-Pencilling. If any court construes determines that any of the Wood 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 and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 1 contract
Blue-Pencilling. 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 and, in its reduced form, such provision shall then be enforceable and shall be enforced.such
Appears in 1 contract
Blue-Pencilling. If any court construes determines that any of the Restrictive Covenants, or any part thereofhereof, to be are unenforceable because of the duration or geographical scope of such provision or the area covered therebyprovisions, 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: Nonsolicitation Agreement (Platinum Technology International Inc)
Blue-Pencilling. 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 then be enforceable and shall be enforced.. EXHIBIT 10(L)(1) RETENTION AGREEMENT EXHIBIT I CERTAIN DEFINED TERMS EXHIBIT II
Appears in 1 contract
Blue-Pencilling. If any court construes determines that any of the Rich 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 and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 1 contract
Blue-Pencilling. If any court construes determines that any of the Restrictive Covenants, or any part thereof, to be is 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 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: Severance and Non Competition Agreement (Core Mark International Inc)
Blue-Pencilling. If any court construes determines that any of the Restrictive Covenants, or any part thereof, to be is unenforceable because of the duration of or geographical scope or 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-Pencilling. 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 then be enforceable and shall be enforcedenforced to the greatest extent possible.
Appears in 1 contract
Samples: Employment Agreement (Travelcenters of America Inc)
Blue-Pencilling. If any court construes determines that any of the Xxxxx 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 and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 1 contract
Blue-Pencilling. 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 of scope of such provision provision, as the case may bet and, in its reduced form, such provision shall then be enforceable and shall be enforced.enforceable. 1.5
Appears in 1 contract
Blue-Pencilling. 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.
Appears in 1 contract
Blue-Pencilling. If any court construes determines that any of the Xxxxxxxx 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 and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 1 contract
Blue-Pencilling. If any court construes determines that any of the Restrictive Covenants, or any part thereof, is unenforceable as to be unenforceable any Seller 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, as to such Seller, and, in its reduced form, such provision shall then be enforceable and shall be enforcedenforceable.
Appears in 1 contract
Samples: Stock Purchase Agreement (Amn Healthcare Services Inc)
Blue-Pencilling. 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 and, in its reduced form, such provision shall then be enforceable and shall be enforced. By written notice to the Sellers, WPS Ltd. may at any time and from time to time reduce the scope, duration or geographical application of one or more of the Restrictive Covenants.
Appears in 1 contract
Samples: Deferred Share Exchange Agreement (Stewart W P & Co LTD)
