Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 9, 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 11 contracts
Samples: Employment Agreement (Universal Compression Inc), Employment Agreement (Universal Compression Inc), Employment Agreement (Universal Compression Inc)
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 9, 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 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 6 contracts
Samples: Employment Agreement (Icahn Enterprises L.P.), Employment Agreement, Employment Agreement (Icahn Enterprises Holdings L.P.)
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 9Sections 11 through 13, 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 5 contracts
Samples: Severance Agreement (BlueLinx Holdings Inc.), Severance Agreement (BlueLinx Holdings Inc.), Severance Agreement (BlueLinx Holdings Inc.)
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 9, 12 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: Co Manager Agreement (Icahn Enterprises Holdings L.P.), Co Manager Agreement (Icahn Enterprises Holdings L.P.), Co Manager Agreement (Icahn Enterprises L.P.)
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 95, 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 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 (Oxford Electronics Inc), Executive Employment Agreement (Worldwide Flight Security Service Corp), Executive Employment Agreement (Worldwide Flight Security Service Corp)
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 9paragraphs 7 through 10, or any part of any of them, is are 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 are 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 render such covenants valid and enforceable.
Appears in 1 contract
Samples: Consulting Agreement (Whitehall Jewelers Holdings, Inc.)
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section Sections 8 or 9, 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
Judicial Modification. If any court or arbitrator determines that any of the covenants in Section 9, 11 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
