Enforceability of this Agreement. The execution and delivery of this Agreement by Service Provider has been authorized by all requisite corporate or company action. This Agreement is and will remain a valid and binding obligation of Service Provider, enforceable in accordance with its terms, subject to laws of general application relating to bankruptcy, insolvency and the relief of debtors.
Enforceability of this Agreement. (a) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereunder. If a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy only the portions of this Agreement that violate such statute or public policy shall be stricken, and all other portions of this Agreement that do not violate any statute or public policy shall continue in full force and effect. Further, if any one or more of the provisions contained in this Agreement is determined by a court of competent jurisdiction in any State to be excessively broad as to duration, scope, activity or subject, or is unreasonable or unenforceable under the laws of such State, such provisions will be construed by limiting, reducing, modifying or amending them so as to be enforceable to the maximum extent permitted by the law of that State. If the Agreement is held unenforceable in any jurisdiction, such holding will not impair the enforceability of the Agreement in any other jurisdiction.
(b) This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.
(c) No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by the Employee and the Company. No waiver by either Party hereto at any time or any breach by the other Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
(d) The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Delaware without regard to its conflicts of law principles, unless otherwise mutually agreed upon by the Parties.
(e) The Company shall have the right to assign its rights and obligations under this Agreement to any individual, entity, corporation or partnership that succeeds to all or a portion of the relevant business or assets of the Company. This Agreement is personal to the Employee, and the Employee may not assign the Employee’s rights and obligations under this Agreement to any third party.
Enforceability of this Agreement. The execution and delivery of this Agreement has been authorized by all requisite corporate action. This Agreement is and will remain a valid and binding obligation of Xxxxxx Internationnal, enforceable in accordance with its terms, subject to laws of general application relating to bankruptcy, insolvency and the relief of debtors.
Enforceability of this Agreement. This Agreement constitutes a legal, valid and binding obligation of such Seller, enforceable against such Seller in accordance with its terms, except to the extent that enforceability may be limited by bankruptcy, insolvency or other similar Laws affecting creditors’ rights generally.
Enforceability of this Agreement. Seller agrees and acknowledges that the geographic boundaries, scope of prohibited activities and the time duration of the provisions of this Agreement are reasonable and are no broader than are necessary to protect the legitimate business interests of Buyer including, without limitation, the ability of Buyer to realize the benefit of its bargain from the Stock and Asset Purchase Agreement. The Parties agree and stipulate that the agreements and covenants not to compete or solicit contained in this Agreement are fair and reasonable in light of all the facts and circumstances of the relationship between Buyer and Seller; however, Buyer and Seller are aware that in certain circumstances courts have refused to enforce certain agreements not to compete and laws have placed limitations on certain agreements not to compete. Therefore, in furtherance of, and not in derogation of this Agreement, Buyer and Seller agree that in the event a court should decline to enforce some of the provisions of this Agreement or if any law should limit the enforceability of any provisions of this Agreement, that this Agreement shall be deemed to be modified or reformed to restrict Seller’s competition with Buyer and any of its Affiliates or Subsidiaries to the maximum extent, as to time, geography and business scope, which the court shall find enforceable or the applicable law shall permit; provided, however, in no event shall any such modifications or reformations of this Agreement be deemed to be more restrictive to Seller than those contained herein.
Enforceability of this Agreement. This Agreement and each of the Facility Documents to which Kona is a party has been duly and validly executed and delivered by Kona and constitutes the legal, valid and binding obligation of Kona, enforceable against it in accordance with its respective terms, except as enforceability may be subject to or limited by Debtor Relief Laws or by general principles of equity (whether considered in a suit at law or in equity).
Enforceability of this Agreement. This Agreement has been duly authorized, validly executed and delivered by each of the Teekay Parties.
Enforceability of this Agreement. Notwithstanding that this Agreement has not been executed by all parties described in this Agreement, this Agreement is enforceable against each party that has executed this Agreement. The parties that execute this Agreement acknowledge that the Transaction Documents are being (or were) executed by certain Persons, including, but not limited to, the parties hereto, simultaneously or otherwise in connection with the execution of this Agreement, and that notwithstanding any failure by any party hereto to execute this Agreement, such agreements shall be effective and binding on the parties thereto in accordance with the terms thereof.
Enforceability of this Agreement. This Agreement is or shall be in proper legal form under the laws of Panama and Peru for the enforcement thereof in Panama and/or Peru against Interbank, and (i) to ensure its enforceability or admissibility into evidence in a legal or administrative proceeding in Peru, (a) its filing with the courts of Peru is required, (b) it must be translated into Spanish by a duly authorized public translator traductor oficial) in Peru, (c) if issued in any country (x) which is a party of The Hague Convention and has not opposed Peru’s accession thereto, such document must be certified with an apostille, or (y) which is not a signatory country of The Hague Convention, or then being a signatory country, opposed Peru’s accession thereto, such document must be legalized before a notary public of such country, the competent Peruvian consulate and before the Peruvian Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores), (d) prior to the institution of any proceedings in the city of Lima (other than executory proceedings (procesos únicos de ejecución) such as the enforcement in Peru of a judgment obtained abroad and other specific procedures under the Peruvian Civil Procedure Code), the claim must be submitted to a conciliator pursuant to Law No. 26872 and its regulatory Decree No. 014-2008-JUS (both as amended) and, if no settlement is reached at such mediation, filing of the minutes of the failed mediation with the relevant court, and (e) payment of the court rates by the party seeking enforcement as may apply from time to time under applicable Peruvian law, and (ii) to ensure its legality, validity, enforceability or admissibility into evidence in a legal or administrative proceeding in Panama, it is not necessary that this Agreement or any other document related thereto be filed or recorded with any court or other authority in Panama (except that an official translation into Spanish by a duly authorized public translator in Panama may be required for purposes of enforcement proceedings thereto), or that any registration tax, stamp duty or similar tax be paid in Panama on or in respect of this Agreement other than court costs, including (without limitation) filing fees and deposits to guarantee judgment required by a Panamanian court of law and except as may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, liquidation, moratorium or other similar laws relating to or affecting the rights and remedies of creditors generally provided t...
Enforceability of this Agreement. The execution and delivery of this Agreement by such party has been authorized by all requisite corporate or company action. This Agreement is and will remain a valid and binding obligation of such party, enforceable in accordance with its terms, subject to laws of general application relating to bankruptcy, insolvency and the relief of debtors.
