Common use of Duration and Scope of Covenants Clause in Contracts

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 107 contracts

Samples: Executive Agreement, Employment Agreement (B. Riley Financial, Inc.), Employment Agreement (B. Riley Financial, Inc.)

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Duration and Scope of Covenants. If any court or other decision-decision maker of competent jurisdiction determines that any of the Executive’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is are unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 45 contracts

Samples: Employment Agreement (Landmark Apartment Trust, Inc.), Employment Agreement (Landmark Apartment Trust, Inc.), Executive Severance and Change in Control Vesting Agreement (American Residential Properties, Inc.)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s 's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 24 contracts

Samples: Employment Agreement (DigitalPost Interactive, Inc.), Employment Agreement (DigitalPost Interactive, Inc.), Employment Agreement (DigitalPost Interactive, Inc.)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s covenants Restrictive Covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 16 contracts

Samples: Employment Agreement (Diego Pellicer Worldwide, Inc), Employment Agreement (Diego Pellicer Worldwide, Inc), Employment Agreement (Diego Pellicer Worldwide, Inc)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s 's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 14 contracts

Samples: Employment Agreement (Mim Corp), Employment Agreement (Mim Corp), Employment Agreement (Tickets Com Inc)

Duration and Scope of Covenants. If any court or other decision-decision maker of competent jurisdiction determines that any of the Executive’s 's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is are unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 6 contracts

Samples: Employment Agreement (CNL Hospitality Properties Inc), Employment Agreement (CNL Hospitality Properties Inc), Employment Agreement (CNL Hospitality Properties Inc)

Duration and Scope of Covenants. If any court court, arbitrator or other ------------------------------- decision-maker of competent jurisdiction determines that any of the Executive’s Employee's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenantsprovisions of Section 2, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 6 contracts

Samples: Employment Agreement (Efficient Networks Inc), Employment Agreement (Siemens Aktiengesellschaft/Adr), Employment Agreement (Efficient Networks Inc)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s 's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is are unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 5 contracts

Samples: Employment Agreement (Chateau Properties Inc), Employment Agreement (Chateau Properties Inc), Employment Agreement (Chateau Properties Inc)

Duration and Scope of Covenants. If any court or other decision-maker arbitrator of competent jurisdiction determines that any of the Executive’s covenants Restrictive Covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 5 contracts

Samples: Employment Agreement (Electronic Servitor Publication Network, Inc.), Employment Agreement (Electronic Servitor Publication Network, Inc.), Employment Agreement (Electronic Servitor Publication Network Inc.)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is are unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 3 contracts

Samples: Employment Agreement (K2m Group Holdings, Inc.), Employment Agreement (K2m Group Holdings, Inc.), Employment Agreement (K2m Group Holdings, Inc.)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 3 contracts

Samples: Employment Agreement (BioScrip, Inc.), Employment Agreement (BioScrip, Inc.), Employment Agreement (BioScrip, Inc.)

Duration and Scope of Covenants. If any court court, arbitrator or other decision-maker of competent jurisdiction determines that any of the Executive’s Employee's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 2 contracts

Samples: Merger Agreement (Unisphere Networks Inc), Employment Agreement (Unisphere Networks Inc)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s covenants contained in this Severance Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may behe, shall be he reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 2 contracts

Samples: Severance Agreement (Air Lease Corp), Severance Agreement (Air Lease Corp)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s 's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or and scope of such provisionprovisions, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Executive Employment Agreement (Women Com Networks Inc)

Duration and Scope of Covenants. If any court or other ----------------------------------- decision-maker of competent jurisdiction determines that any of the Executive’s 's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (Hienergy Technologies Inc)

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Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may behe, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (Air Lease Corp)

Duration and Scope of Covenants. If any court or other decision-decision- maker of competent jurisdiction determines that any of the ExecutiveEmployee’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (Nymex Holdings Inc)

Duration and Scope of Covenants. If any court or other decision-maker ------------------------------- of competent jurisdiction determines that any of the Executive’s 's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (Mim Corp)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s 's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, then the duration or scope of such provision, as the case may be, shall be reduced so that such provision 24005515808-v5 - 9 - 80-40750027 becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the ExecutiveEmployee’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (Nymex Holdings Inc)

Duration and Scope of Covenants. If any court or other decision-decision maker of competent jurisdiction determines that any of the Executive’s 's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is are unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final fmal and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (Global Medical REIT Inc.)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Retirement Agreement (FBR Capital Markets Corp)

Duration and Scope of Covenants. If any court or other decision-decision maker of competent jurisdiction determines that any of the Executive’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is are unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Transition Agreement (3d Systems Corp)

Duration and Scope of Covenants. If any court or other decision-maker of competent jurisdiction determines that any of the Executive’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenantscovenants set forth in Section 6, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, then, after such determination has become final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (COHEN & Co INC.)

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