Judicial Modification. If the final judgment of a court of competent jurisdiction declares that any term or provision of this Section 3 is invalid or unenforceable, the parties agree that the court making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration, or geographic area of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified after the expiration of the time within which the judgment or decision may be appealed.
Appears in 10 contracts
Samples: At Will Employment Agreement (Cbeyond, Inc.), At Will Employment Agreement (Cbeyond, Inc.), At Will Employment Agreement (Cbeyond, Inc.)
Judicial Modification. If the final judgment of a court of competent jurisdiction declares that any term or provision of this Section 3 is invalid or unenforceable, the parties agree that the court making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration, or geographic area of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified after the expiration of the time within which the judgment or decision may be appealed.
Appears in 5 contracts
Samples: Executive Securities Agreement (Comple Tel LLC), Executive Securities Agreement (Comple Tel LLC), Executive Securities Agreement (Comple Tel LLC)
Judicial Modification. If the final judgment of a court of competent jurisdiction declares that any term or provision of this Section 3 5 is invalid or unenforceable, the parties agree that the court making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration, or geographic area of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified after the expiration of the time within which the judgment or decision may be appealed.
Appears in 4 contracts
Samples: Executive Purchase Agreement (Cbeyond Communications Inc), Executive Purchase Agreement (Cbeyond Communications Inc), Executive Purchase Agreement (Cbeyond Communications Inc)
Judicial Modification. If the final judgment of a court of competent jurisdiction declares that any term or provision of this Section 3 Agreement is invalid or unenforceable, the parties agree that the court making the such determination of invalidity or unenforceability shall have the power to reduce the scope, duration, geographic area, or geographic area scope of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified after the expiration of the time within which the judgment or decision may be appealed.
Appears in 2 contracts
Samples: Executive Severance and Noncompetition Agreement (Focal Communications Corp), Executive Severance and Noncompetition Agreement (Focal Communications Corp)
Judicial Modification. If the final judgment of a court of --------------------- competent jurisdiction declares that any term or provision of this Section 3 Agreement is invalid or unenforceable, the parties agree that the court making the such determination of invalidity or unenforceability shall have the power to reduce the scope, duration, geographic area, or geographic area scope of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified after the expiration of the time within which the judgment or decision may be appealed.
Appears in 1 contract
Samples: Severance and Noncompetition Agreement (Focal Communications Corp)
Judicial Modification. If the final judgment of a court of --------------------- competent jurisdiction declares that any term or provision of this Section 3 is invalid or unenforceable, the parties agree that the court making the determination of invalidity or unenforceability shall have the power to reduce the scope, duration, or geographic area of the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified after the expiration of the time within which the judgment or decision may be appealed.
Appears in 1 contract
