Duration and Scope of Covenants. If any court or other decision maker of competent jurisdiction determines that any of the Covenants, including, without or any part thereof 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 41 contracts
Samples: Executive Employment Agreement (City Office REIT, Inc.), Executive Employment Agreement (City Office REIT, Inc.), Executive Employment Agreement (City Office REIT, Inc.)
Duration and Scope of Covenants. If any court or other decision decision-maker of competent jurisdiction determines that any of the CovenantsExecutive’s covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof are 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 becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 36 contracts
Samples: Employment Agreement (Global Self Storage, Inc.), Employment Agreement (Global Self Storage, Inc.), Employment Agreement (Retail Opportunity Investments Partnership, LP)
Duration and Scope of Covenants. If any court or other decision decision-maker of competent jurisdiction determines that any of the CovenantsExecutive's covenants contained in this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof are 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 becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 16 contracts
Samples: Employment Agreement (National Storage Affiliates Trust), Employment Agreement (National Storage Affiliates Trust), Employment Agreement (National Storage Affiliates Trust)
Duration and Scope of Covenants. If any court or other decision maker of competent jurisdiction determines that any of the Covenantsprovisions contained in Section 9, including, without or any part thereof are 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 (Adrenalina), Employment Agreement (Adrenalina), Employment Agreement (Adrenalina)
Duration and Scope of Covenants. If any court or other decision maker of competent jurisdiction determines that any of the Covenants, including, without or whether any part provision thereof are 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 (Priam Properties Inc.), Employment Agreement (Priam Properties Inc.), Employment Agreement (Priam Properties Inc.)
Duration and Scope of Covenants. If any court or other decision decision-maker of competent jurisdiction determines that any of the CovenantsExecutive’s covenants contained in this Agreement, including, without or any part thereof are 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: Employment Agreement (Feldman Mall Properties, Inc.), Employment Agreement (Feldman Mall Properties, Inc.)
Duration and Scope of Covenants. If any court or other decision maker arbitrator of competent jurisdiction determines that any of the Covenants, including, without or any part thereof are Executive’s covenants contained in this Agreement 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: Employment Agreement (Meridian Corp), Employment Agreement (Meridian Corp)
Duration and Scope of Covenants. If any court or other decision maker of competent jurisdiction determines that any of the Covenants, including, without or any part thereof 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: Employment Agreement (Summit Hotel Properties, Inc.)
Duration and Scope of Covenants. If any court or other decision maker of competent jurisdiction determines that any of the Covenants, including, without or limitation, any part thereof thereof, 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: Employment Agreement (Nexcore Healthcare Capital Corp)
Duration and Scope of Covenants. If any court or other decision maker of competent jurisdiction determines that any of the Covenants, including, without Covenants or any part thereof 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: Severance Agreement (Shenandoah Telecommunications Co/Va/)
Duration and Scope of Covenants. If any court or other decision maker of competent jurisdiction determines that any of the CovenantsExecutive’s covenants contained in this Section 7, including, without or any part thereof thereof, are unenforceable because of the duration or geographical scope of such provision, then, to the extent permitted by applicable law, 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: Separation Agreement and Release (EXP World Holdings, Inc.)
Duration and Scope of Covenants. If any court or other decision decision-maker of competent jurisdiction determines that any of the Covenantscovenants contained in Section 7 of this Agreement, including, without or any part thereof are 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 becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced.
Appears in 1 contract
Samples: Letter Agreement (Retail Opportunity Investments Corp)