Common use of Modification by Court Clause in Contracts

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 any of the covenants contained in subsections 4.1, 4.2 and 4.3 subsection (a) above is determined to be unenforceable because of the duration of the covenant such covenants or the area covered by itthereby, then the court or arbitrator making the determination shall have the power to reduce the duration of the covenant or such covenants and/or the area covered by itthereby, and the such covenants, in their reduced form, will shall be enforceable.

Modification by Court. If any of the covenants contained in subsections 4.1, 4.2 and 4.3 Subsection (a) above is determined to be unenforceable because of the duration of the covenant such covenants or the area covered by itthereby, then the court or arbitrator making the determination shall have the power to reduce the duration of the covenant or such covenants and/or the area covered by itthereby, and the such covenants, in their reduced form, will shall be enforceable.

Modification by Court. If any of the covenants contained set forth in subsections 4.1Subsections 5.1, 4.2 5.2 and 4.3 5.3 above is determined to be unenforceable because of the duration of the covenant such covenants or the area covered by itthereby, then the court or arbitrator making the determination shall have the power to reduce the duration of the covenant or such covenants and/or the area covered by itthereby, and the such covenants, in their reduced form, will shall be enforceable.