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 Sections 7.4(c) or 7.5(e) is invalid or unenforceable, then 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, and this Agreement will be enforceable as so modified after the expiration of the time within which the judgment may be appealed.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Sections 7.4(cSection 10.5(a) or 7.5(ethrough (c) is invalid or unenforceable, then the parties agree that the court or tribunal will have the power to reduce the scope, duration, duration or geographic area of the term or provision, to delete specific words or phrases, 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 . This Section 10.5 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Sections 7.4(c) or 7.5(e) this Section 8.3 is invalid or unenforceable, then the Parties agree that the court or tribunal will have the power to reduce the scope, duration, duration or geographic area of the term or provision, to delete specific words or phrases, 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 . This Section 8.3 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. The Member acknowledges that this Section 8.3 is reasonable and necessary to protect and preserve the Purchaser’s and its Affiliates’ legitimate business interests.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Sections 7.4(cSection 5.7(a) or 7.5(e(b) is invalid or unenforceable, then the parties agree that the court or tribunal will have the power to reduce the scope, duration, duration or geographic area of the term or provision, to delete specific words or phrases, 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 . This Section 5.7 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Section 5.7 is reasonable and necessary to protect and preserve the parties’ legitimate business interests.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Sections 7.4(c) 5.11.2 or 7.5(e) 5.11.4 is invalid or unenforceable, then 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, and this Agreement will be enforceable as so modified after the expiration of the time within which the judgment may be appealed.