Modification of Restrictive Covenants. Upon the termination of employment of a Physician Owner or Physician Employee, the Policy Board shall have the authority to release or reduce in whole or in part the terms of the restrictive covenants, including but not limited to the mileage radius limitations set forth above in Sections 7.2 and 7.
Modification of Restrictive Covenants. In entering into this Agreement and establishing the foregoing covenants with respect to confidential information, solicitation and competition contained in Paragraphs 4a) and b) above (hereinafter collectively the “Restrictive Covenants”), the parties have attempted and intend to limit the Employee’s right to disclose information only to the extent necessary to protect Employer and each affiliate from unfair competition. The parties recognize, however, that reasonable people may differ in making such a determination. Therefore, the parties hereto agree that if the scope or enforceability of any of the Restrictive Covenants is found, by a court of competent jurisdiction, to be too broad or otherwise unenforceable, such court, in recognition of the intent of the parties as aforesaid, shall modify and enforce such Restrictive Covenants to the extent it believes to be reasonable under the circumstances existing at that time.
Modification of Restrictive Covenants. 21 ARTICLE VIII. FINANCIAL ARRANGEMENTS
Modification of Restrictive Covenants. If any court of competent jurisdiction at any time deems the Restrictive Covenants, or any part hereof, unenforceable because of the duration or geographical scope of such provisions, the other provisions of this Section 10(c) will nevertheless stand and to the full extent consistent with law continue in full force and effect, and it is the intention and desire of the parties that the court treat any provisions of this Agreement which are not fully enforceable as having been modified to the extent deemed necessary by the court to render them reasonable and enforceable, and that the court enforce them to such extent.
Modification of Restrictive Covenants. If any of the Restrictive Covenants, or any part thereof, is held to be invalid or unenforceable, the same shall not affect the reminder of the covenant or covenants, which shall be given full effect, without regard to the invalid or unenforceable portions. Without limiting the generality of the foregoing, if any of the Restrictive Covenants, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties hereto agree that the court making such determination shall have the power to reduce the duration and/or area of such provision and, in its reduced form, such provision shall then be enforceable.
Modification of Restrictive Covenants. If, in any judicial proceeding, a court refuses to enforce any of these separate covenants (or any part of a covenant), then the unenforceable covenant (or part) will be eliminated from this Appendix to the extent necessary to permit the remaining separate covenants (or portions) to be enforced. In the event that the provisions of this Appendix are deemed to exceed the time, geographic, or scope limitations permitted by law, then the provisions will be reformed to the maximum time, geographic, or scope limitations permitted by law.
Modification of Restrictive Covenants. The Executive and the Company hereby agree that the restrictive covenants set forth in Section 7 of the Employment Agreement, in each case as modified hereby (the “Modified Restrictive Covenants”), shall continue to apply following the execution and delivery of this Agreement and the Executive’s resignation in accordance with the terms of the Employment Agreement, as modified hereby. The Company and the Executive agree that such restrictive covenants are hereby modified as follows:
(i) The noncompetition provision set forth in Section 7(b) of the Employment Agreement shall continue for the Interim Services Period and shall expire in its entirety with effect from and after August 16, 2022.
(ii) The nonsolicitation provision set forth in Section 7(c) of the Employment Agreement is hereby modified, amended and restated in its entirety as follows, with effect from and after the Termination Date (with capitalized terms having the meanings set forth in the Employment Agreement, other than the term “No-Hire Individual”, which has the meaning set forth in this Agreement below):
Modification of Restrictive Covenants. Upon the termination of employment of a Physician Owner or Physician Employee, the Policy Board shall
Modification of Restrictive Covenants. In the event that NCI shall favorably modify the restrictive covenants to which the senior leadership team of NCI is subject (excluding, for avoidance of doubt, individually negotiated modifications agreed to by NCI in connection with executive departures where such modifications are not extended to the senior leadership team generally), NCI shall also favorably modify the restrictive covenants to which Executive is subject to the same extent.
Modification of Restrictive Covenants. The non-solicitation covenant set forth in paragraph 6(c)(i) of the Agreement shall be revised to read as follows: “You agree that, while employed by the Company and for twelve (12) months thereafter, you shall not directly or indirectly employ or solicit the employment of any person (other than your driver, the Manager, Administration or current personal assistant) who, on the date of termination of your employment, is an employee of the Company or any of its controlled affiliated companies, other than an employee who is subsequently terminated by the Company or affiliated company or resigns for “good reason” (as defined in such employee’s employment agreement with the Company or affiliated company).
