Common use of Modification; Severability Clause in Contracts

Modification; Severability. The Parties agree that if a court of competent jurisdiction finds that any term of this Release is for any reason excessively broad in scope, duration, or otherwise, such term shall be construed or modified in a manner to enable it to be enforced to the maximum extent possible. Further, the covenants in this Release shall be deemed to be a series of separate covenants and agreements. If, in any judicial proceeding, a court of competent jurisdiction shall refuse to enforce any of the separate covenants deemed included herein, then at the option of the Company, wholly unenforceable covenants shall be deemed eliminated from this Release for the purpose of such proceeding to the extent necessary to permit the remaining separate covenants to be enforced in such proceeding.

Appears in 11 contracts

Samples: Employment Agreement (American Public Education Inc), Employment Agreement (American Public Education Inc), Employment Agreement (American Public Education Inc)

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Modification; Severability. The Parties agree that if a court of competent jurisdiction finds that any term of this Release Agreement is for any reason excessively broad in scope, duration, or otherwise, such term shall be construed or modified in a manner to enable it to be enforced to the maximum extent possible. Further, the covenants in this Release Agreement shall be deemed to be a series of separate covenants and agreements. If, in any judicial proceeding, a court of competent jurisdiction shall refuse to enforce any of the separate covenants deemed included herein, then at the option of the Company, wholly unenforceable covenants shall be deemed eliminated from this Release the Agreement for the purpose of such proceeding to the extent necessary to permit the remaining separate covenants to be enforced in such proceeding.

Appears in 3 contracts

Samples: Employment Agreement (Vapotherm Inc), Separation and Release Agreement (TESARO, Inc.), Separation and Release Agreement (Genvec Inc)

Modification; Severability. The Parties agree that if a court of competent jurisdiction finds that any term of this Release Agreement is for any reason excessively broad in scope, duration, or otherwise, such that term shall be construed or and/or modified in a manner to enable it to be enforced to the maximum extent possible. Further, the covenants in this Release Agreement shall be deemed to be a series of separate covenants and agreements. If, in any judicial proceeding, a court of competent jurisdiction shall refuse to enforce any of the separate covenants deemed included herein, then at the option of the Company, wholly unenforceable covenants shall be deemed eliminated from this Release the Agreement for the purpose of such proceeding to the extent necessary to permit the remaining separate covenants to be enforced in such proceeding.

Appears in 2 contracts

Samples: Employment Agreement (Tussing Andrew), Employment Agreement (Vaccinogen Inc)

Modification; Severability. The Parties agree that if a court of competent jurisdiction finds that any term of this Release is for any reason excessively broad in scope, duration, or otherwise, such term shall be construed or modified in a manner to enable it to be enforced to the maximum extent possible. Further, the covenants in this Release shall be deemed to be a series of separate covenants and agreements. If, in any judicial proceeding, a court of competent jurisdiction shall refuse to enforce any of the separate covenants deemed included herein, then at the option of the CompanyCompany or the University, wholly unenforceable covenants shall be deemed eliminated from this Release for the purpose of such proceeding to the extent necessary to permit the remaining separate covenants to be enforced in such proceeding.

Appears in 2 contracts

Samples: Employment Agreement (American Public Education Inc), Employment Agreement (American Public Education Inc)

Modification; Severability. The Parties agree that if a court Court of competent jurisdiction finds that any term of this Release Agreement is for any reason excessively broad in scope, duration, or otherwise, such term shall be construed or modified in a manner to enable it to be enforced to the maximum extent possible. Further, the covenants in this Release Agreement shall be deemed to be a series of separate covenants and agreements. If, in any judicial proceeding, a court Court of competent jurisdiction shall refuse to enforce any of the separate covenants deemed included herein, then at the option of the CompanyUniversity, wholly unenforceable covenants shall be deemed eliminated from this Release the Agreement for the purpose of such proceeding to the extent necessary to permit the remaining separate covenants to be enforced in such proceeding.

Appears in 2 contracts

Samples: Separation Agreement and General Release (American Public Education Inc), Separation Agreement and General (American Public Education Inc)

Modification; Severability. The Parties agree that if a court of competent jurisdiction finds that any term of this Release is for any reason excessively broad in scope, duration, or otherwise, such term shall be construed or modified in a manner to enable it to be enforced to the maximum extent possible. Further, the covenants in this Release shall be deemed to be a series of separate covenants and agreements. If, in any judicial proceeding, a court of competent jurisdiction shall refuse to enforce any of the separate covenants deemed included herein, then at the option of the CompanyCompany or the Parent, wholly unenforceable covenants shall be deemed eliminated from this Release for the purpose of such proceeding to the extent necessary to permit the remaining separate covenants to be enforced in such proceeding.

Appears in 1 contract

Samples: Transition Agreement and Release (American Public Education Inc)

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Modification; Severability. The Parties agree that if a court of competent jurisdiction finds that any term of this Release is for any reason excessively broad in scope, duration, or otherwise, such term shall be construed or modified in a manner to enable it to be enforced to the maximum extent possible. Further, the covenants in this Release shall be deemed to be a series of separate covenants and agreements. If, in any judicial proceeding, a court of competent jurisdiction shall refuse to enforce any of the separate covenants deemed included herein, then at the option of the CompanyUniversity, wholly unenforceable covenants shall be deemed eliminated from this Release for the purpose of such proceeding to the extent necessary to permit the remaining separate covenants to be enforced in such proceeding.

Appears in 1 contract

Samples: Employment Agreement (American Public Education Inc)

Modification; Severability. The Parties agree that if a court Court of competent jurisdiction finds that any term of this Release Agreement is for any reason excessively broad in scope, duration, or otherwise, such term shall be construed or and/or modified in a manner to enable it to be enforced to the maximum extent possible. Further, the covenants in this Release Agreement shall be deemed to be a series of separate covenants and agreements. If, in any judicial proceeding, a court Court of competent jurisdiction shall refuse to enforce any of the separate covenants deemed included herein, then at the option of the Company, wholly unenforceable covenants shall be deemed eliminated from this Release the Agreement for the purpose of such proceeding to the extent necessary to permit the remaining separate covenants to be enforced in such proceeding.

Appears in 1 contract

Samples: Separation Agreement and General Release (W Holding Co Inc)

Modification; Severability. The Parties agree that if a court Court of competent jurisdiction finds that any term of this Release Agreement is for any reason excessively broad in scope, duration, or otherwise, such term shall be construed or modified in a manner to enable it to be enforced to the maximum extent possible. Further, the covenants in this Release Agreement shall be deemed to be a series of separate covenants and agreements. If, in any judicial proceeding, a court Court of competent jurisdiction shall refuse to enforce any of the separate covenants deemed included herein, then at the option of the Company, wholly unenforceable covenants shall be deemed eliminated from this Release the Agreement for the purpose of such proceeding to the extent necessary to permit the remaining separate covenants to be enforced in such proceeding.

Appears in 1 contract

Samples: Employment Agreement (Genvec Inc)

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