Judicial Modification. If any court determines that any of the covenants in Section 6, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 72 contracts
Samples: Employment Agreement (Albertsons Companies, Inc.), Employment Agreement (Albertsons Companies, Inc.), Employment Agreement (Blue Bird Corp)
Judicial Modification. If any court determines that any of the covenants in Section 67, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 24 contracts
Samples: Employment Agreement (Keane Group, Inc.), Employment Agreement (Keane Group, Inc.), Employment Agreement (Keane Group, Inc.)
Judicial Modification. If any court of competent jurisdiction determines that any of the covenants in Section 6, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court of competent jurisdiction determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 17 contracts
Samples: Employment Agreement (Tower International, Inc.), Employment Agreement (Tower International, Inc.), Employment Agreement (Tower International, Inc.)
Judicial Modification. If any court determines that any of the covenants in Section Sections 6, 7 or 8, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 14 contracts
Samples: Letter Agreement, Letter Agreement (NewPage Energy Services LLC), Letter Agreement (NewPage CORP)
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 65, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court or arbitrator determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court or arbitrator shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 14 contracts
Samples: Executive Employment Agreement (Armored AutoGroup Inc.), Executive Employment Agreement (Armored AutoGroup Inc.), Employment Agreement (Fansteel Inc)
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 65, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court or arbitrator determines that any of such covenants, or any part thereof, ; is invalid or unenforceable because of the geographic or temporal scope of such provision, such court or arbitrator shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 4 contracts
Samples: Executive Employment Agreement (Worldwide Flight Security Service Corp), Executive Employment Agreement (Worldwide Flight Security Service Corp), Executive Employment Agreement (Worldwide Flight Security Service Corp)
Judicial Modification. If any court determines that any of the covenants in Section 6, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, . such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 4 contracts
Samples: Employment Agreement (Blue Bird Corp), Employment Agreement (Blue Bird Corp), Employment Agreement (Blue Bird Corp)
Judicial Modification. If any court determines that any of the covenants in Section 66 or Section 7, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 3 contracts
Samples: Employment Agreement (Rafaella Apparel Group,inc.), Employment Agreement (Rafaella Apparel Group,inc.), Employment Agreement (Rafaella Apparel Group,inc.)
Judicial Modification. If any court determines that any of the covenants in Section 6, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court the parties shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 3 contracts
Samples: Employment Agreement (Amalgamated Financial Corp.), Employment Agreement (Amalgamated Financial Corp.), Employment Agreement (Amalgamated Financial Corp.)
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 6, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court or arbitrator determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court or arbitrator shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 3 contracts
Samples: Revised and Extended (Vanguard Car Rental Group Inc.), First Revised and Extended Employment Agreement (Vanguard Car Rental Group Inc.), First Revised and Extended Employment Agreement (Vanguard Car Rental Group Inc.)
Judicial Modification. If any court determines that any of the covenants in Section 65, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be by affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 2 contracts
Samples: Employment Agreement (Artio Global Investors Inc.), Employment Agreement (Artio Global Investors Inc.)
Judicial Modification. If any court of competent jurisdiction determines that any of the covenants in Section 66 of this Agreement, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court of competent jurisdiction determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 2 contracts
Samples: Employment Agreement (Tower Automotive, LLC), Employment Agreement (Tower Automotive, LLC)
Judicial Modification. If any court determines that any of the covenants in Section 68, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 2 contracts
Samples: Executive Officer Change of Control Agreement (Robbins & Myers Inc), Control Agreement (Robbins & Myers Inc)
Judicial Modification. If any court determines that any of the covenants in Section 65, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 1 contract
Judicial Modification. If any court determines that any of the covenants in Section 6, or any part of any of them, is invalid or unenforceable, the remainder remainder-r of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 1 contract
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 6, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court or arbitrator determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court or arbitrator shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.,
Appears in 1 contract
Samples: Employment Agreement (Vanguard Car Rental Group Inc.)
Judicial Modification. If any court determines that any of the covenants in Section 6, 6 or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall shalt reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.
Appears in 1 contract
