Common use of Modification of Covenant Clause in Contracts

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 is invalid or unenforceable, then the Parties agree that the court or tribunal will 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. This Section 3.4 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner acknowledges this Section 3.4 is reasonable and necessary to protect and preserve Buyer’s and its Affiliates’ legitimate business interests and that such party will not challenge the enforceability of such restrictions.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 10.6.1 through 10.6.2 is invalid or unenforceable, then the Parties parties agree that the court or tribunal will 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. This Section 3.4 10.6.3 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner acknowledges this This Section 3.4 10.6.3 is reasonable and necessary to protect and preserve Buyer’s and its Affiliates’ 's legitimate business interests and that such party will not challenge the enforceability value of such restrictionsthe Assets and to prevent any unfair advantage conferred on Seller.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 6.5 is invalid or unenforceable, then the Parties parties agree that the court or tribunal will 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. This Section 3.4 section will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner of the Non-Compete Parties acknowledges that this Section 3.4 6.5 is reasonable and necessary to protect and preserve Buyer’s Parent's and its Affiliates’ ' legitimate business interests and that such party will not challenge the enforceability of such restrictionsinterests.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 5.5 is invalid or unenforceable, then the Parties parties agree that the court or tribunal will 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. This Section 3.4 5.6 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner acknowledges this This Section 3.4 5.6 is reasonable and necessary to protect and preserve Buyer’s and its AffiliatesBuyers’ legitimate business interests and that such party will not challenge the enforceability value of such restrictionsthe Assets and to prevent any unfair advantage conferred on Sellers.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 5.1 or Section 5.2 is invalid or unenforceable, then the Parties parties agree that the court or tribunal will 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. This Section 3.4 Article V will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner Seller acknowledges and agrees that this Section 3.4 Article V is reasonable and necessary to protect and preserve BuyerPurchaser’s and its Affiliates’ legitimate business interests and that such party will not challenge the enforceability value of such restrictionsthe Business and Assets.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 10.5 is invalid or unenforceable, then the Parties parties agree that the court or tribunal will 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. This Section 3.4 10.5 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner acknowledges this This Section 3.4 10.5 is reasonable and necessary to protect and preserve Buyer’s and its Affiliates’ legitimate business interests and that such party will not challenge the enforceability of such restrictionsinterests.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 4.5 is invalid or unenforceable, then the Parties parties agree that the court or tribunal will 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. This Section 3.4 4.5 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner acknowledges this This Section 3.4 4.5 is reasonable and necessary to protect and preserve Buyer’s and its Affiliates’ legitimate business interests and that such party will not challenge the enforceability value of such restrictionsthe Purchased Assets and to prevent any unfair advantage conferred on Seller.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 6.3 is invalid or unenforceable, then the Parties parties agree that the court or tribunal will 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. This Section 3.4 6.3 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner acknowledges The Restricted Parties each acknowledge this Section 3.4 6.3 is reasonable and necessary to protect and preserve Buyerthe Purchaser’s and its Affiliates’ legitimate business interests and that such party will not challenge the enforceability of such restrictionsinterests.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 9.1 through (c) is invalid or unenforceable, then the Parties parties agree that the court or tribunal will 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. This Section 3.4 9 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner acknowledges this This Section 3.4 9 is reasonable and necessary to protect and preserve Buyer’s and its Affiliates’ legitimate business interests and that such party will not challenge the enforceability value of such restrictionsthe Assets and to prevent any unfair advantage conferred on Seller.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 ‎6.3 is invalid or unenforceable, then the Parties parties agree that the court or tribunal will 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. This Section 3.4 ‎6.3 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner The Seller acknowledges this Section 3.4 ‎6.3 is reasonable and necessary to protect and preserve Buyerthe Purchaser’s and its Affiliates’ Affiliates legitimate business interests and that such party will not challenge the enforceability of such restrictionsinterests.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in this Section 3.4 Sections 8.1 or 8.2 is invalid or unenforceable, then the Parties parties agree that the court or tribunal will have the power to reduce the scope, duration 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. This Section 3.4 Sections 8.1 or 8.2 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Each Owner acknowledges this Section 3.4 is Sections 8.1 and 8.2 are reasonable and necessary to protect and preserve Buyerthe Purchaser’s and its Affiliates’ legitimate business interests and that such party will not challenge the enforceability value of such restrictionsthe Purchased Assets and to prevent any unfair advantage conferred on the Seller.