Common use of Reasonableness of Restrictions; Reformation; Enforcement Clause in Contracts

Reasonableness of Restrictions; Reformation; Enforcement. The parties hereto recognize and acknowledge that the geographical and time limitations contained in SECTIONS 7.1, 7.2 and 7.3 hereof are reasonable and properly required for the adequate protection of the Buyer's interests. It is agreed by the parties hereto that if any portion of the restrictions contained in SECTIONS 7.1, 7.2 or 7.3 are held to be unreasonable, arbitrary, or against public policy, then the restrictions shall be considered divisible, both as to the time and to the geographical area, with each month of the specified period being deemed a separate period of time and each radius mile of the restricted territory being deemed a separate geographical area, so that the lesser period of time or geographical area shall remain effective so long as the same is not unreasonable, arbitrary, or against public policy. The parties hereto agree that in the event any court of competent jurisdiction determines the specified period or the specified geographical area of the restricted territory to be unreasonable, arbitrary, or against public policy, a lesser time period or geographical area that is determined to be reasonable, nonarbitrary, and not against public policy may be enforced. If any of the covenants contained herein are violated and if any court action is instituted by the Buyer to prevent or enjoin such violation, then the period of time during which the business activities shall be restricted, as provided in this Agreement, shall be lengthened by a period of time equal to the period between the date of the breach of the terms or covenants contained in this Agreement and the date on which the decree of the court disposing of the issues upon the merits shall become final and not subject to further appeal.

Reasonableness of Restrictions; Reformation; Enforcement. The parties hereto recognize and acknowledge that the geographical and time limitations contained in SECTIONS 7.1, 7.2 Sections 5 and 7.3 6 hereof are reasonable and properly required for the adequate protection of the BuyerCompany's interestsinterest. It is agreed by the parties hereto that if any portion of the restrictions contained in SECTIONS 7.1, 7.2 or 7.3 Sections 5 and 6 are held to be unreasonable, arbitrary, or against public policy, then the restrictions shall be considered divisible, both as to the time and to the geographical area, with each month of the specified period being deemed a separate period of time and each radius mile of the restricted territory being deemed a separate geographical area, so that the lesser period of time or geographical area areas shall remain effective so long as the same is not unreasonable, arbitrary, or against public policy. The parties hereto agree that in the event any court of competent jurisdiction determines the specified period or the specified geographical area of the restricted territory to be unreasonable, arbitrary, or against public policy, a lesser time period or geographical area that which is determined to be reasonable, nonarbitrary, and not against public policy may be enforcedenforced against Employee. If Employee shall violate any of the covenants contained herein are violated and if any court action is instituted by the Buyer Company to prevent or enjoin such violation, then the period of time during which the Company's business activities shall be restricted, as provided in this Agreement, shall be lengthened by a period of time equal to the period between the date of the Employee's breach of the terms or covenants contained in this Agreement and the date on which the decree of the court disposing of the issues upon the merits shall become final and not subject to further appeal.

Reasonableness of Restrictions; Reformation; Enforcement. The parties hereto recognize and acknowledge that the geographical and time limitations contained in SECTIONS 7.1, 7.2 and 7.3 paragraph 5 hereof are reasonable and properly required for the adequate protection of the BuyerCompany's interests. It is agreed by the parties hereto that if any portion of the restrictions contained in SECTIONS 7.1, 7.2 or 7.3 paragraph 5 are held to be unreasonable, arbitrary, or against public policy, then the restrictions shall be considered divisible, both as to the time and to the geographical area, with each month of the specified period being deemed a separate period of time and each radius mile of the restricted territory being deemed a separate geographical area, so that the lesser period of time or geographical area shall remain effective so long as the same is not unreasonable, arbitrary, or against public policy. The parties hereto agree that in the event any court of competent jurisdiction determines the specified period or the specified geographical area of the restricted territory to be unreasonable, arbitrary, or against public policy, a lesser time period or geographical area that is determined to be reasonable, nonarbitrarynon-arbitrary, and not against public policy may be enforcedenforced against Executive. If Executive shall violate any of the covenants contained herein are violated and if any court action is instituted by the Buyer Company to prevent or enjoin such violation, then the period of time during which the Executive's business activities shall be restricted, as provided in this Agreement, shall be lengthened by a period of time equal to the period between the date of the Executive's breach of the terms or covenants contained in this Agreement and the date on which the decree of the court disposing of the issues upon the merits shall become final and not subject to further appealsuch breach ends.

Reasonableness of Restrictions; Reformation; Enforcement. The parties hereto recognize and acknowledge that the geographical and time limitations contained in SECTIONS 7.1Section 8.1, 7.2 and 7.3 hereof Section 8.3and are reasonable and properly required for the adequate protection of to protect the Buyer's interests. It is agreed by the parties hereto Parties agree that if any portion of the restrictions contained in SECTIONS 7.1, 7.2 or 7.3 are held to be unreasonable, arbitrary, or against public policy, then the restrictions shall will be considered divisible, both as to on the time and to the geographical area, with each month of the specified period being deemed a separate period of time and each radius mile of the restricted territory being deemed a separate geographical area, so that the lesser period of time or geographical area shall will remain effective so long as the same is not unreasonable, arbitrary, or against public policy. The parties hereto agree that in the event any court of competent jurisdiction determines the specified period or the specified geographical area of the restricted territory to be unreasonable, arbitrary, or against public policy, a lesser time period or geographical area that is determined to be reasonable, nonarbitrarynon-arbitrary, and not against public policy may be enforced. If any of the covenants contained herein are violated and if any court action is instituted by the Buyer to prevent or enjoin such violation, then the period of time during which the business activities shall will be restricted, as provided in this Agreement, shall will be lengthened by a period of time equal to the period between the date of the breach of the terms or covenants contained in this Agreement and the date on which the decree of the court disposing of the issues upon the merits shall will become final and not subject to further appeal.

Reasonableness of Restrictions; Reformation; Enforcement. The parties hereto recognize Each GR&S recognizes and acknowledge acknowledges that the geographical and time limitations contained in SECTIONS 7.1, 7.2 and 7.3 hereof this Article V are reasonable and properly required for the adequate protection of FBEC and the Buyer's interestsSystem. It is agreed by the parties hereto each GR&S that if any portion of the restrictions contained in SECTIONS 7.1, 7.2 or 7.3 are held to this Article V be unreasonable, arbitrary, arbitrary or against public policy, then the restrictions shall be considered divisible, both as to the time and to the geographical area, with each month of the specified period being deemed a separate period of time and each radius mile of the restricted territory being deemed a separate geographical area, so that the lesser period of time or geographical area shall remain effective so long as the same is not unreasonable, arbitrary, arbitrary or against public policy. The parties hereto agree that in the event any court of competent jurisdiction determines the specified period or the specified geographical area of the restricted territory to be unreasonable, arbitrary, or against public policy, a lesser time period or geographical area that which is determined to be reasonable, nonarbitrarynon-arbitrary, and not against public policy may be enforced. enforced against each GR&S. If GR&S shall violate any of the covenants contained herein are violated and if any court action is instituted by the Buyer FBEC to prevent or enjoin such violation, then the period of time during which the business activities covenants of this Article V shall be restrictedapply, as provided in this Agreement, shall be lengthened by a period of time equal to the period between the date of the breach of the terms or covenants contained in this Agreement and the date on which the decree of the court disposing of the issues upon the merits shall become final and not subject to further appeal.

Reasonableness of Restrictions; Reformation; Enforcement. The parties hereto recognize and acknowledge that the geographical and time limitations contained in SECTIONS 7.1inSection 9.3, 7.2 and 7.3 Section 9.4 andSection 9.5 hereof are reasonable and properly required for the adequate protection of the Buyer's ’s and Outback’s interests. It is agreed by the parties hereto that if any portion of the restrictions contained in SECTIONS 7.1Section 9.3, 7.2 or 7.3 Section 9.4 andSection 9.5 are held to be unreasonable, arbitrary, or against public policy, then the restrictions shall be considered divisible, both as to the time and as to the geographical area, with each month of the specified period being deemed a separate period of time and each radius mile of the restricted territory being deemed a separate geographical area, so that the lesser period of time or geographical area shall remain effective so long as the same is not unreasonable, arbitrary, or against public policy. The parties hereto agree that in the event any court of competent jurisdiction determines the specified period or the specified geographical area of the restricted territory to be unreasonable, arbitrary, or against public policy, a lesser time period or geographical area that is determined to be reasonable, nonarbitrary, and not against public policy may be enforced. If any of the covenants contained herein are violated and if any court action is instituted by the Buyer or Outback to prevent or enjoin such violation, then the period of time during which the business activities shall be restricted, as provided in this Agreement, shall be lengthened by a period of time equal to the period between the date of the breach of the terms or covenants contained in this Agreement and the date on which the decree of the court disposing of the issues upon the merits shall become final and not subject to further appeal.