Common use of Judicial Cut-Back Clause in Contracts

Judicial Cut-Back. It is expressly understood and agreed that, although the Executive and ESC consider the restrictions contained in Section 7(a) hereof reasonable for the purpose of preserving for ESC and its affiliated companies their good will and other proprietary rights, if a final determination is made by a court or arbitrator having jurisdiction that the time or territory or any other restriction contained in Section 7(a) hereof is an unreasonable or otherwise unenforceable restriction against the Executive, the provisions of Section 7(a) shall not be rendered void but shall be deemed amended to apply as to such maximum time and territory and to such other extent as such court or arbitrator may determine or indicate to be reasonable.

Appears in 8 contracts

Samples: Employment Agreement (Eastern Insurance Holdings, Inc.), Employment Agreement (Eastern Insurance Holdings, Inc.), Employment Agreement (Eastern Insurance Holdings, Inc.)

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