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 Section 7.9(a) through (c) 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 7.9 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Section 7.9 is reasonable and necessary to protect and preserve Purchaser's legitimate business interests and the value of the Business and the Shares and to prevent any unfair advantage being conferred on SDK and/or Precision or the Shareholders.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Section 7.9(a) through (c9(b) is invalid or unenforceable, then the parties 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. This Section 7.9 9(b) will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Section 7.9 9(b) is a material inducement of Buyer to enter into this Agreement and is reasonable and necessary to protect and preserve Purchaser's Buyer’s legitimate business interests and the value of the Business and assets of the Shares Companies and to prevent any unfair advantage being conferred on SDK and/or Precision or the ShareholdersStockholder.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Section 7.9(aSections 10.1(a) through (c) is invalid or unenforceable, then the parties agree that the court or tribunal will have the power power, and is hereby directed, 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. This Section 7.9 10.1 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Seller and the Member acknowledge and agree that this Section 7.9 10.1 is reasonable and necessary to protect and preserve Purchaser's Buyer’s legitimate business interests and the value of the Business and the Shares and to prevent any unfair advantage from being conferred on SDK and/or Precision Seller, the Member or the Shareholdersany of their Affiliates.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Section 7.9(aSections 6.7(a) through (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. This Section 7.9 6.7(c) will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Section 7.9 6.7(c) is reasonable and necessary to protect and preserve Purchaser's ’s legitimate business interests and interests, the value of the Business and the Shares Contemplated Transactions to Purchaser, and to prevent any unfair advantage being conferred on SDK and/or Precision or the ShareholdersSellers.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Section 7.9(a10.7(a) through (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. This Section 7.9 10.7 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Seller and each Shareholder expressly agrees that this Section 7.9 10.7 is reasonable and necessary to protect and preserve PurchaserBuyer's legitimate business interests and the value of the Business and the Shares Purchased Assets and to prevent any unfair advantage being conferred on SDK and/or Precision Seller or the Shareholdersany Shareholder.