Common use of Interpretation of Covenant Clause in Contracts

Interpretation of Covenant. The Executive agrees and acknowledges that the covenant not to compete set forth in this Section 6 is being granted to the Corporation as an inducement to it to enter into this Agreement with the Executive, and that the Corporation would not be willing to enter into this Agreement unless the Executive agrees to such covenant not to compete. The parties agree that the time period and geographic area of such covenant not to compete are reasonable. In the event that any court determines that the time period or the geographic area, or both of them, are unreasonable and that such covenant is to that extent unenforceable, the parties hereto agree that the covenant shall remain in full force and effect for the greatest time period and in the greatest geographic area that would not render it unenforceable. The parties intend that this covenant shall be deemed to be a series of separate covenants, one for each and every county of each and every state of the United States of America where the covenant not to compete is intended to be effective.