Common use of Modification by the Court Clause in Contracts

Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable.

Appears in 21 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

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Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable.

Appears in 11 contracts

Samples: Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp), Employment Agreement (Rite Aid Corp)

Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is illegal, invalid or unenforceable because of the duration duration, scope or scope territorial restrictions of such provisionprovision or otherwise, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration duration, scope or scope territorial restrictions of such provisionprovision or otherwise modify the Restrictive Covenants, as the case may be (it being the intent of the parties that any such reduction or modification or reduction be limited to the minimum extent necessary to render such provision legal, valid and enforceable), andso that, in its reduced or modified or reduced form, such provision shall then be legal, valid and enforceable.

Appears in 5 contracts

Samples: Executive Services Agreement (Film Department Holdings, Inc.), Executive Services Agreement (Film Department Holdings, Inc.), Employment Agreement (Film Department Holdings, Inc.)

Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographic scope of such provision, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable.

Appears in 3 contracts

Samples: Consulting Agreement (Universal Guardian Holdings Inc), Employment Agreement (Universal Guardian Holdings Inc), Equipment Sale & Network Service Agreement (Enter Tech Corp)

Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall will have the power (and is hereby instructed by the parties) to modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision provisions enforceable), and, in its modified or reduced form, such provision shall will then be enforceable.

Appears in 2 contracts

Samples: Employment Agreement (Bucyrus International Inc), Letter Agreement (Bucyrus International Inc)

Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is illegal, invalid or unenforceable because of the duration duration, scope or scope territorial restrictions of such provisionprovision or otherwise, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration duration, scope or scope territorial restrictions of such provisionprovision or otherwise modify the Restrictive Covenants, as the case may be (it being the intent of the parties that any such reduction or modification or reduction be limited to the minimum extent necessary to render such provision legal, valid and enforceable), and, in its reduced or modified or reduced form, such provision shall then be legal, valid and enforceable.

Appears in 2 contracts

Samples: Employment Agreement (Trestle Holdings Inc), Employment Agreement (Trestle Holdings Inc)

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Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provisionprovisions, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration or scope of such provisionprovisions, as the case may be (it being the intent of the parties that any such modification or reduction reductions be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Rite Aid Corp)

Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Bucyrus International Inc)

Modification by the Court. If any court determines that any of the Restrictive Covenants, or any part thereof, ; is unenforceable because of the duration or scope of such provision, such court shall have the power (and is hereby instructed by the parties) to modify or reduce the duration or scope of such provision, as the case may be (it being the intent of the parties that any such modification or reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its modified or reduced form, such provision shall then be enforceable.

Appears in 1 contract

Samples: Employment Agreement (Rite Aid Corp)

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