Common use of Reformation, Severability, and “Blue-Penciling Clause in Contracts

Reformation, Severability, and “Blue-Penciling. If any of the provisions of Section D.6.(a), D.6.(b), D.7.(a) or D.7.(b) should ever be held by a court of competent jurisdiction to exceed the scope permitted by applicable law, you agree such provision or provisions shall first be modified to such lesser scope as the court may deem just and proper for the reasonable protection of the Company’s legitimate business interests. In the alternative, if modification is not available, you and the Company agree that the court may sever such provision from this Award Agreement and enforce the remaining provisions. If the amounts set forth in Section D.7.(c)(ii) should be deemed for any reason by a court of competent jurisdiction not to constitute a permissible liquidated damage, you and the Company agree that the court may establish a liquidated damage in such lesser amount that is in accordance with applicable law.

Reformation, Severability, and “Blue-Penciling. If any of the provisions of Section D.6.(aC.6.(a), D.6.(bC.6.(b), D.7.(aC.7.(a) or D.7.(bC.7.(b) should ever be held by a court of competent jurisdiction to exceed the scope permitted by applicable law, you agree such provision or provisions shall first be modified to such lesser scope as the court may deem just and proper for the reasonable protection of the Company’s legitimate business interests. In the alternative, if modification is not available, you and the Company agree that the court may sever such provision from this Award Agreement and enforce the remaining provisions. If the amounts set forth in Section D.7.(c)(iiC.7.(c)(ii) should be deemed for any reason by a court of competent jurisdiction not to constitute a permissible liquidated damage, you and the Company agree that the court may establish a liquidated damage in such lesser amount that is in accordance with applicable law.

Reformation, Severability, and “Blue-Penciling. If any of the provisions of Section D.6.(aC.6.(a), D.6.(bC.6.(b), D.7.(a) C.7.(a), or D.7.(bC.7.(b) should ever be held by a court of competent jurisdiction to exceed the scope permitted by applicable law, you agree such provision or provisions shall first be modified to such lesser scope as the court may deem just and proper for the reasonable protection of the Company’s legitimate business interests. In the alternative, if modification is not available, you and the Company agree that the court may sever such provision from this Award Agreement and enforce the remaining provisions. If the amounts set forth in Section D.7.(c)(iiC.7.(c)(ii) should be deemed for any reason by a court of competent jurisdiction not to constitute a permissible liquidated damage, you and the Company agree that the court may establish a liquidated damage in such lesser amount that is in accordance with applicable law.