Reformation of Agreement. If any of the covenants contained in Section 8.7, or any portion thereof, is found by a court of competent jurisdiction to be invalid or unenforceable as against public policy or for any other reason, such court shall exercise its discretion to reform such covenant to the end that each Seller shall be subject to nondisclosure, noncompetition, noninterference or other covenants, as applicable, that are reasonable under the circumstances and are enforceable by Buyer. In any event, if any provision of Section 8.7 is found unenforceable for any reason, such provision shall remain in force and effect to the maximum extent allowable and all non-affected provisions shall remain fully valid and enforceable.
Reformation of Agreement. In the event that any of the covenants contained in this Section 7 may be found by a court of competent jurisdiction to be invalid or unenforceable as against public policy or otherwise, the parties hereto expressly authorize such court to exercise its discretion in rendering any such covenant to the end that the Employee shall be subject to the greatest extent permissible to covenants that are reasonable under the circumstances, enforceable by the Company and consistent with the Company's legitimate interests, which are hereby acknowledged by the parties hereto, in protecting the Company's and its affiliates' goodwill associated with the experience, skills and loyalty of the Employee and in protecting the value of its investment, through the acquisition of the assets of Seller and otherwise, in the business and assets of the Seller or any of its affiliates.
Reformation of Agreement. If any of the covenants contained in this Agreement shall be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, such court shall exercise its discretion to reform such covenant to the end that Employee shall be subject to nondisclosure, noninterference and noncompetition covenants that are reasonable under the circumstances and are enforceable by Buyer.
Reformation of Agreement. If any of the covenants contained in Section 6.2, or any portion thereof, is found by a court of competent jurisdiction to be invalid or unenforceable as against public policy or for any other reason, such court shall exercise its discretion to reform such covenant to the end that each of Walgreens and Seller shall be subject to nondisclosure, noninterference, noncompetition or other covenants that are reasonable under the circumstances and are enforceable by Buyer. In any event, if any provision of Section 6.2 is found unenforceable for any reason, such provision shall remain in force and effect to the maximum extent allowable and all nonaffected provisions shall remain fully valid and enforceable.
Reformation of Agreement. Severability: In the event that any provision in paragraphs 8, 9, 10, 11 and/or 12 shall be found by a court of competent jurisdiction to be invalid or unenforceable, such court shall exercise its discretion in reforming such provision to the end that Employee shall be subject to nondisclosure, non-competition, non-solicitation, and noninterference covenants that are reasonable under the circumstances and enforceable by Company. In the event that any other provision of this Agreement is found to be invalid or unenforceable to any extent for any reason, it is the agreed-upon intent of the parties hereto that all remaining provisions of this Agreement shall remain in full force and effect to the maximum extent permitted and that this Agreement shall be enforceable as if such invalid or unenforceable provision had never been a part hereof.
Reformation of Agreement. In the event that (i) the Warrant or any of the other Loan Documents needs to be modified in order to obtain the written approval of TSE or (ii) any court of competent jurisdiction holds any provision of any of the Loan Documents unenforceable, Borrower and Lender agree that the Loan
Reformation of Agreement. Insured further acknowledges and agrees that due to the uniqueness of his services and confidential nature of the information available to Insured during his past and future employment with Bank, the covenants set forth herein are reasonable and necessary for the protection of the business and goodwill of the Bank; and it is the intent of the parties hereto that if in the opinion of any court of competent jurisdiction any provision set forth in this Agreement is not reasonable in any respect, or that any provision should be deemed to exceed the time, geographic or occupational limits permitted by applicable law, such court shall have the right, power and authority to modify any and all such provisions as to such court shall appear not unreasonable and to enforce the remainder of this Agreement as so modified.
Reformation of Agreement. In the event that any of the covenants contained in this Section 6 may be found by a court of competent jurisdiction to be invalid or unenforceable as against public policy or otherwise, the parties hereto expressly authorize such court to exercise its discretion in reforming any such covenant to the end that Employee shall be subject to the greatest extent permissible to confidentiality and noncompetition covenants that are reasonable under the circumstances enforceable by the Company, and consistent with the Company's legitimate interests (acknowledged by the parties) in protecting the Company's goodwill associated with the experience, skills, and loyalty of Employee and with protecting the value of the business and assets of the Company.
Reformation of Agreement. This Agreement was reformed so that amendments made May 9, 1997 ("May 9 Writing") would give effect to agreements reached on or about October 18, 1996 between the Company and certain of its executive officers and key employees who are the persons named as Withdrawing Class B Limited Partners herein. Each of the parties hereto hereby agrees and confirms that as a result of a mutual mistake made by each of the parties to the May 9 Writing, the provisions included in the May 9 Writing relating to the Preferred Return set forth in Section 4.2 of the May 9 Writing did not correctly reflect the mutual intention and agreement of the parties hereto. The parties hereto hereby agree and confirm that because the above-mentioned provision in the May 9 Writing did not reflect their mutual intentions and agreement that it is not, and never was, part of the contract created among them. The parties hereto have therefore reformed this Agreement to reflect their true intentions and agreement and this Agreement, as reformed and revised, is not, and shall not be interpreted or deemed to constitute, a new contract or agreement or an amendment of the contract existing prior to the date of reformation, but rather a reformation of the existing agreement effected to express the true intentions and agreements of the parties hereto.
Reformation of Agreement. It is the intent of the parties to this Agreement that the transactions contemplated under this Agreement will, in accordance with Title 31 M.R.S.A. section 307, not cause the dissolution or termination of Bangor-Pacific. In the event that the transactions contemplated under this Agreement (including, without limitation, following the delivery by Penobscot of the notice referred to in Section 2.3(b)) will cause the dissolution or termination of Bangor-Pacific if performed, the parties agree to negotiate in good faith to modify this Agreement to the extent necessary so as to avoid dissolution or termination and, if the parties are unable to agree on modifications within 30 days after the request of either party, the parties shall submit to a court of competent jurisdiction which shall reform this Agreement only to the extent as not to cause the dissolution or termination of Bangor-Pacific.
