Modification by Court. If any of the covenants contained in subsections 4.1, 4.2 and 4.3 above is determined to be unenforceable because of the duration of the covenant or the area covered by it, then the court or arbitrator making the determination shall have the power to reduce the duration of the covenant or the area covered by it, and the covenants, in their reduced form, will be enforceable.
Modification by Court. If a court or other body of authority and competent jurisdiction determines that the covenants contained in this Article are unenforceable, in whole or in part, due to the duration or scope of the restrictions or limitations imposed therein or for any other reason, then the court is hereby authorized and directed to make such modifications thereto as are necessary to render said covenants enforceable to the maximum extent permitted under applicable law, that being the intention of the parties hereto.
Modification by Court. If any court or arbitrator determines that any post-employment restrictive covenant is unreasonable in any respect, you agree that the Court may modify any unreasonable terms and enforce the agreement as modified.
Modification by Court. 11.1 This Agreement, and the Settlement, shall be null and void if the Court requires changes to the Agreement that substantively alter the Parties’ rights or duties before approving the Settlement. Provided, however, that the Parties, in their sole discretion, can consent to modify this Agreement, in accordance with Section 13.11 below, to be consistent with any modifications requested or required by the Court.
Modification by Court. If any court or arbitrator determines that any post-employment restrictive covenant is unreasonable in any respect, you agree that the Court shall modify any term found to be unreasonable and shall revise such term to be enforceable to the broadest extent permitted by law and consistent with the intent of this Agreement.
Modification by Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, such court will have the power to reduce the duration or scope of such provision, as the case may be (it being the intent of the parties hereto that any such reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its reduced form, such provision will then be enforceable.
Modification by Court. The parties hereto agree that in the event that either the length of time or the geographical area or any other provision set forth in Section 7 is deemed too restrictive in any court proceeding, the court may reduce such restrictions to the extent the court deems reasonable under the circumstances.
Modification by Court. If any of the provisions of Sections 6 or 7 of this Agreement are held to be unenforceable because of the scope, duration or area of applicability, the court making such determination shall have the power to modify the provisions, covenants, and promises contained in Sections 6 and 7 so as to make them reasonable in scope, duration, and area, and such provisions shall be applied by the court as modified. ************************************************* XXXXXX X. XXXX /s/ Xxxxxx X. Xxxx December 15, 2005 Xxxxxx X. Xxxx DATE THE NATIONAL BANK OF INDIANAPOLIS CORPORATION By: /s/ Xxxxxxx X. Xxxxxx December 15, 2005 Xxxxxxx X. Xxxxxx, Chairman DATE Exhibit A NOTICE Various local, state, and federal laws prohibit employment discrimination based on age, sex, race, color, national origin, religion, handicap, or veteran status. These laws are enforced through the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor, the Indiana Civil Rights Commission, and/or any other similar state entity, agency or commission. If you feel that your decision to enter into the attached Release of All Claims was coerced or is discriminatory, you are encouraged to speak with (317-261- _____) or other appropriate officials of The National Bank of Indianapolis Corporation. You should also discuss the language of this Release of All Claims with a lawyer of your own choosing. In any event, you should thoroughly review and understand the effect of this Release of All Claims before acting on it; therefore, please take this Release of All Claims home and review it. You may take up to twenty-one (21) days before signing this Release of All Claims. This Release of All Claims was presented to Xxxxxx X. Xxxx on , and he has until to consider this Release. Acknowledged by: Full Name Date
Modification by Court. It is expressly understood and agreed that ----------------------- Compaq and Xx. Xxxxxxxx consider the restrictions contained in this Article 5 to be reasonable and necessary for the purposes of preserving and protecting the business, goodwill, and proprietary information of Compaq. Nevertheless, if any of the aforesaid restrictions are found by a Court having jurisdiction to be unreasonable or over-broad as to geographic area or time, or otherwise unenforceable, the parties intend for the restrictions set forth herein to be modified by such Court so as to be reasonable and enforceable and, as so modified by the Court, to be fully enforced. Compaq shall be entitled to enforce the provisions of this Article 1 by resorting to appropriate legal and equitable action.
Modification by Court. If any of the restrictions contained in --------------------- Subsection (a) above is determined to be unenforceable because of the duration of such restrictions or the area covered thereby, then the court making the determination shall have the power to reduce the duration of such restrictions and/or the area covered thereby, and such restrictions, in their reduced form, shall be enforceable.
