Common use of Modification of Covenants Clause in Contracts

Modification of Covenants. If, at the time of enforcement of any of the covenants contained in Section 4.1 hereof, a court of competent jurisdiction shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum period, scope and area permitted by law.

Appears in 7 contracts

Samples: Executive Severance Benefits Agreement (Novacea Inc), Executive Severance Benefits Agreement (Novacea Inc), Executive Severance Benefits Agreement (Novacea Inc)

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Modification of Covenants. If, at the time of enforcement of any of the covenants contained in Section 4.1 3.1 hereof, a court of competent jurisdiction shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum period, scope and area permitted by law.

Appears in 6 contracts

Samples: Executive Severance Benefits Agreement (Mellanox Technologies, Ltd.), Executive Severance Benefits Agreement (Mellanox Technologies, Ltd.), Executive Severance Benefits Agreement (Mellanox Technologies, Ltd.)

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Modification of Covenants. If, at the time of enforcement of any of the covenants contained in Section 4.1 3.1 hereof, a court of competent jurisdiction shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area and that the court shall be allowed to revise the restrictions contained herein to cover the maximum period, scope and area permitted by law. ARTICLE 4.

Appears in 2 contracts

Samples: Executive Severance Benefits Agreement, Executive Severance Benefits Agreement

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