Common use of Modification of Restrictive Covenants Clause in Contracts

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.