Common use of Judicial Amendment Clause in Contracts

Judicial Amendment. The GENBAND Parties and the Executive acknowledge the reasonableness of the agreements set forth in subsections (a) and (b) of this Section 14, including the reasonableness of the geographic area, duration of time and scope of activity restrained that are specified in this Section 14. The Executive further acknowledges that his skills are such that he can be gainfully employed in noncompetitive employment and that the agreement not to compete will in no way prevent him from earning a living. Notwithstanding the foregoing, if it is judicially detern1ined that any of the limitations contained in subsections (a) or (b) of this Section 14 are unreasonable, illegal or offensive under applicable law(s) (statute, common law or otherwise) and may not be enforced as herein agreed, the Executive and the GENBAND Parties agree that the unreasonable, illegal, or offensive portions of subsections (a) and (b) of this Section 14 shall be and hereby are redrafted to conform with those applicable laws, while leaving the remaining portions of subsections (a) and (b) of this Section 14 intact. By agreeing to this contractual modification prospectively at this time, the Executive and the GENBAND Parties intend to make the agreements contained in subsections (a) and (b) of this Section 14, including but not limited to the covenant not to compete contained in subsection (a) of this Section 14, legal under the law(s) of all applicable jurisdictions so that the entire agreement not to compete and/or this entire Section 14 as prospectively modified shall remain in full force and effect and shall not be rendered void or illegal. Such modifications shall not affect any payments made to the Executive under this Agreement.

Judicial Amendment. The GENBAND Parties and the Executive acknowledge the reasonableness of the agreements agreement set forth in subsections (a) and (b) of this Section 145, including the reasonableness of the geographic area, duration of time and scope of activity Activity restrained that are specified in this Section 145. The Executive further acknowledges that his skills are such that he can be gainfully employed in noncompetitive employment and that the agreement not to compete will in no way prevent him from earning a living. Notwithstanding the foregoing, if it is judicially detern1ined determined that any of the limitations contained in subsections (a) or (b) of this Section 14 5 are unreasonable, illegal or offensive under applicable law(s) (statute, common law or otherwise) and may not be enforced as herein agreed, the Executive and the GENBAND Parties agree that the unreasonable, illegal, or offensive portions of subsections (a) and (b) of this Section 14 5 shall be and hereby are redrafted to conform with those applicable laws, while leaving the remaining portions of subsections (a) and (b) of this Section 14 5 intact. By agreeing to this contractual modification prospectively at this time, the Executive and the GENBAND Parties intend to make the agreements contained in subsections (a) and (b) of this Section 145, including but not limited to the covenant not to compete contained in subsection (a) of this Section 14), legal under the law(s) of all applicable jurisdictions so that the entire agreement not to compete and/or this entire Section 14 5 as prospectively modified shall remain in full force and effect and shall not be rendered void or illegal. Such modifications shall not affect any payments made to the Executive under this Agreement.

Judicial Amendment. The GENBAND Parties and the Executive acknowledge the reasonableness of the agreements set forth in subsections (a) and (b) of this Section 1413, including the reasonableness of the geographic area, duration of time and scope of activity restrained that are specified in this Section 1413. The Executive further acknowledges that his skills are such that he can be gainfully employed in noncompetitive employment and that the agreement not to compete will in no way prevent him from earning a а living. Notwithstanding the foregoing, if it is judicially detern1ined determined that any of the limitations contained in subsections (a) or (b) of this Section 14 13 are unreasonable, illegal or offensive under applicable law(s) (statute, common law or otherwise) and may not be enforced as herein agreed, the Executive and the GENBAND Parties agree that the unreasonable, illegal, or offensive portions of subsections (a) and (b) of this Section 14 13 shall be and hereby are redrafted to conform with those applicable laws, while leaving the remaining portions of subsections (a) and (b) of this Section 14 13 intact. By agreeing to this contractual modification prospectively at this time, the Executive and the GENBAND Parties intend to make the agreements contained in subsections (aа) and (b) of this Section 1413, including but not limited to the covenant not to compete contained in subsection (a) of this Section 1413, legal under the law(s) of all applicable jurisdictions so that the entire agreement not to compete and/or this entire Section 14 13 as prospectively modified shall remain in full force and effect and shall not be rendered void or illegal. Such modifications shall not affect any payments made to the Executive under this Agreement.