Common use of Injunctive Relief; Severability Clause in Contracts

Injunctive Relief; Severability. In the event of an actual or threatened breach by any Member of Section 11.5(b) or Section 11.5(d), the Board of Managers shall be entitled to seek an injunction in any appropriate court in Cxxxx County, Nevada, or elsewhere, restraining the actual or threatened breach by such Member. If a court shall hold that the duration and/or scope (geographic or otherwise) of any agreement contained in this Section 11.5 is unreasonable, then, to the extent permitted by law, the court may prescribe a duration and/or scope (geographic or otherwise) that is reasonable and judicially enforceable. The parties agree to accept such determination, subject to their rights of appeal, which the parties hereto agree shall be substituted in place of any and every offensive part of Section 11.5, and as so modified, Section 11.5 of this Agreement shall be as fully enforceable as if set forth herein by the parties in the modified form. Nothing herein stated shall be construed as prohibiting any party hereto from pursuing any other remedies available for such breach or threatened breach, including the recovery of damages.

Injunctive Relief; Severability. In the event of an actual or threatened breach by any Member of Section 11.5(b) or Section 11.5(d), the Board of Managers shall be entitled to seek an injunction in any appropriate court in Cxxxx Maricopa County, NevadaArizona, or elsewhere, restraining the actual or threatened breach by such Member. If a court shall hold that the duration and/or scope (geographic or otherwise) of any agreement contained in this Section 11.5 is unreasonable, then, to the extent permitted by law, the court may prescribe a duration and/or scope (geographic or otherwise) that is reasonable and judicially enforceable. The parties agree to accept such determination, subject to their rights of appeal, which the parties hereto agree shall be substituted in place of any and every offensive part of Section 11.5, and as so modified, Section 11.5 of this Agreement shall be as fully enforceable as if set forth herein by the parties in the modified form. Nothing herein stated shall be construed as prohibiting any party hereto from pursuing any other remedies available for such breach or threatened breach, including the recovery of damages.

Injunctive Relief; Severability. In the event of an actual or threatened breach by any Member of Section 11.5(b) or Section 11.5(d), the Board of Managers shall be entitled to seek an injunction in any appropriate court in Cxxxx Xxxxx County, Nevada, or elsewhere, restraining the actual or threatened breach by such Member. If a court shall hold that the duration and/or scope (geographic or otherwise) of any agreement contained in this Section 11.5 is unreasonable, then, to the extent permitted by law, the court may prescribe a duration and/or scope (geographic or otherwise) that is reasonable and judicially enforceable. The parties agree to accept such determination, subject to their rights of appeal, which the parties hereto agree shall be substituted in place of any and every offensive part of Section 11.5, and as so modified, Section 11.5 of this Agreement shall be as fully enforceable as if set forth herein by the parties in the modified form. Nothing herein stated shall be construed as prohibiting any party hereto from pursuing any other remedies available for such breach or threatened breach, including the recovery of damages.

Injunctive Relief; Severability. In the event of an actual or threatened breach by any Member of Section 11.5(b) or Section 11.5(d), the Board of Managers shall be entitled to seek an injunction in any appropriate court in Cxxxx Dallas County, NevadaTexas, or elsewhere, restraining the actual or threatened breach by such Member. If a court shall hold that the duration and/or scope (geographic or otherwise) of any the agreement contained in this Section 11.5 11.5(d) is unreasonable, then, to the extent permitted by law, the court may prescribe a duration and/or scope (geographic or otherwise) that is reasonable and judicially enforceable. The parties agree to accept such determination, subject to their rights of appeal, which the parties hereto agree shall be substituted in place of any and every offensive part of Section 11.511.5(d), and as so modified, Section 11.5 11.5(d) of this Agreement shall be as fully enforceable as if set forth herein by the parties in the modified form. Nothing herein stated shall be construed as prohibiting any party hereto from pursuing any other remedies available for such breach or threatened breach, including the recovery of damages.