Common use of Modification; Severability Clause in Contracts

Modification; Severability. If any of the restrictions contained in Section 6 are determined by any court of competent jurisdiction or other adjudicator to be unenforceable by reason of their extending for too great a period of time or over too great a geographical area or by reason of their being too extensive in any other respect, then the Executive and the Company agree that the court or adjudicator shall interpret and modify such restriction(s) to be effective for the maximum period of time for which it/they may be enforceable and over the maximum geographical area as to which it/they may be enforceable and to the maximum extent in all other respects as to which it/they may be enforceable. The Executive and the Company further agree that such modified restriction(s) shall be enforced by the court or adjudicator. In the event that modification is not possible, then the Executive and the Company agree that, because each of the Executive’s obligations in Section 6 is a separate and independent covenant, any unenforceable obligation shall be severed and all remaining obligations shall be enforced.

Appears in 4 contracts

Samples: Agreement (Ace Comm Corp), Agreement (Ace Comm Corp), Agreement (Ace Comm Corp)

AutoNDA by SimpleDocs

Modification; Severability. If any of the restrictions contained in Section 6 8 are determined by any court of competent jurisdiction or other adjudicator to be unenforceable by reason of their extending for too great a period of time or over too great a geographical area or by reason of their being too extensive in any other respect, then the Executive and the Company Employer agree that the court or adjudicator shall interpret and modify such restriction(s) to be effective for the maximum period of time for which it/they may be enforceable and over the maximum geographical area as to which it/they may be enforceable and to the maximum extent in all other respects as to which it/they may be enforceable. The Executive and the Company Employer further agree that such modified restriction(s) shall be enforced by the court or adjudicator. In the event that modification is not possible, then the Executive and the Company Employer agree that, because each of the Executive’s obligations in Section 6 8 is a separate and independent covenant, any unenforceable obligation shall be severed and all remaining obligations shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (Capitalsource Inc)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.