Independence and Severability. Each of the rights enumerated above shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to Company at law or in equity. If any of the covenants contained herein or any part of any of them is hereafter construed or adjudicated to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants or rights or remedies which shall be given full effect without regard to the invalid portions. If any of the covenants contained herein are held to be invalid or unenforceable because of the duration of such provision or the area or scope covered thereby, Executive agrees that the court or arbitrator making such determination shall have the power to reduce the duration, scope and/or area of such provision and in its reduced form said provision shall then be enforceable.
Appears in 13 contracts
Samples: Executive Employment Agreement (Location Based Technologies, Inc.), Executive Employment Agreement (Location Based Technologies, Inc.), Executive Employment Agreement (Location Based Technologies, Inc.)
Independence and Severability. Each of the rights enumerated above shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to Company at law or in equity. If any of the covenants contained herein or any part of any of them is hereafter construed or adjudicated to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants or rights or remedies which shall be given full effect without regard to the invalid portions. If any of the covenants contained herein are held to be invalid or unenforceable because of the duration of such provision or the area or scope covered thereby, Executive Consultant agrees that the court or arbitrator making such determination shall have the power to reduce the duration, scope and/or area of such provision and in its reduced form said provision shall then be enforceable.
Appears in 6 contracts
Samples: Consulting Agreement (Location Based Technologies, Inc.), Consulting Agreement (Springbank Resources, Inc.), Consulting Agreement (Location Based Technologies, Inc.)
Independence and Severability. Each of the rights enumerated above in this Covenant Agreement shall be independent of the others and shall be in addition to and not in lieu of any other rights and remedies available to Company Parent at law or in equity. If any of the covenants contained herein or any part of any of them is hereafter construed or adjudicated to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants or rights or remedies remedies, which shall be given full effect without regard to the invalid portions. If any of the covenants contained herein are held to be invalid or unenforceable because of the duration of such provision provisions or the area or scope covered thereby, Executive Stockholder agrees that the court or arbitrator making such determination shall have the power to reduce the duration, scope and/or area of such provision to a reasonable duration, scope and/or area and in its reduced form said provision shall then be enforceable.
Appears in 1 contract
Samples: Merger Agreement (West Corp)