Common use of Enforceability of Restrictive Covenants Clause in Contracts

Enforceability of Restrictive Covenants. The parties intend that the covenants contained in Xxxxxxxx 0, 0, xxx 0 xxxxx xx construed as a series of identical (other than as to geography) separate covenants as to each state, possession and territory of the United States of America. If, in any judicial proceedings, a court shall refuse to enforce any of the other separate covenants deemed included in that paragraph, then such unenforceable covenant shall be amended to relate such lesser period or geographical area as shall be enforceable or, if deemed appropriate by such court, deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforced. In the event Employer should bring any legal action or other proceeding against Employee for enforcement of Sections 7, 8 or 9, the calculation of the one (1) year period shall not include the period of time commencing with the filing of legal action or other proceeding to enforce Sections 7, 8 or 9 through the date of final judgment or final resolution, including all appeals, if any, or such legal action or other proceedings.

Enforceability of Restrictive Covenants. The parties intend that the covenants contained in Xxxxxxxx 0Sections 6, 0, xxx 0 xxxxx xx 7 and 8 shall be construed as a series of identical (other than as to geography) separate covenants as to each state, possession and territory of the United States of America. If, in any judicial proceedings, a court shall refuse to enforce any of the other separate covenants deemed included in that paragraphthose sections, then such unenforceable covenant shall be amended to relate such lesser period or geographical area as shall be enforceable or, if deemed appropriate by such court, deemed eliminated from these provisions for the purpose of those proceedings to the extent necessary to permit the remaining separate covenants to be enforcedenforced or enforceable. In the event Employer should bring any legal action or other proceeding against Employee for enforcement of Sections 76, 8 7 or 98, the calculation of the one (1) year period Non-Compete Period shall not include the period of time commencing with the filing of legal action or other proceeding to enforce Sections 76, 7 or 8 or 9 through the date of final judgment or final resolution, including all appeals, if any, or such legal action or other proceedings.