Saving Provision. The parties hereto agree that, in the event a court of competent jurisdiction shall determine that the geographical or durational elements of this covenant are unenforceable, such determination shall not render the entire covenant unenforceable. Rather, the excessive aspects of the covenant shall be reduced to the threshold which is enforceable, and the remaining aspects shall not be affected thereby.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Enterprise Financial Services Corp), Executive Employment Agreement (Enterprise Financial Services Corp), Employment Agreement (Enterprise Financial Services Corp)
Saving Provision. The parties hereto agree that, in the event a ---------------- court of competent jurisdiction shall determine that the geographical or durational elements of this covenant are unenforceable, such determination shall not render the entire covenant unenforceable. Rather, the excessive aspects of the covenant shall be reduced to the threshold which is enforceable, and the remaining aspects shall not be affected thereby.
Appears in 10 contracts
Samples: Employment Agreement (JDN Realty Corp), Employment Agreement (JDN Realty Corp), Employment Agreement (JDN Realty Corp)
Saving Provision. The parties hereto agree that, in the event a court of competent jurisdiction shall determine that the geographical geographic or durational elements of this covenant are unenforceable, such determination shall not render the entire covenant unenforceable. Rather, the excessive aspects of the covenant shall be reduced to the threshold which is enforceable, and the remaining aspects shall not be affected thereby.
Appears in 5 contracts
Samples: Executive Employment Agreement (Enterprise Financial Services Corp), Executive Employment Agreement (Enterprise Financial Services Corp), Executive Employment Agreement (Enterprise Financial Services Corp)
Saving Provision. The parties hereto agree that, in the event a court of competent jurisdiction shall determine that the geographical geographical, durational or durational other elements of this covenant are unenforceable, such determination shall not render the entire covenant unenforceable. Rather, the excessive aspects of the covenant shall be reduced to the threshold which is enforceable, and the remaining aspects shall not be affected thereby. The parties intend that the restrictions of this Section 10 be given the construction that renders their provisions valid and enforceable to the maximum extent possible under applicable law.
Appears in 5 contracts
Samples: Executive Employment Agreement (Enterprise Financial Services Corp), Executive Employment Agreement (Enterprise Financial Services Corp), Executive Employment Agreement (Enterprise Financial Services Corp)
Saving Provision. The parties hereto agree that, in the event ---------------- a court of competent jurisdiction shall determine that the geographical or durational elements of this covenant are unenforceable, such determination shall not render the entire covenant unenforceable. Rather, the excessive aspects of the covenant shall be reduced to the threshold which is enforceable, and the remaining aspects shall not be affected thereby.
Appears in 2 contracts
Samples: Employment Agreement (JDN Realty Corp), Employment Agreement (JDN Realty Corp)
Saving Provision. The parties hereto agree that, in the ---------------- event a court of competent jurisdiction shall determine that the geographical or durational elements of this covenant are unenforceable, such determination shall not render the entire covenant unenforceable. Rather, the excessive aspects of the covenant shall be reduced to the threshold which is enforceable, and the remaining aspects shall not be affected thereby.
Appears in 1 contract
Saving Provision. The parties hereto agree that, in the event a court of competent jurisdiction shall determine that the geographical or durational elements of this covenant are unenforceable, such determination shall not render the entire covenant unenforceable. unenforceable Rather, the excessive aspects of the covenant shall be reduced to the threshold which is enforceable, and the remaining aspects shall not be affected thereby.
Appears in 1 contract
Samples: Executive Employment Agreement (Enterprise Financial Services Corp)
Saving Provision. The parties hereto agree that, in the event a court of competent jurisdiction shall determine that the geographical geographical, durational or durational other elements of this covenant are unenforceable, such determination shall not render the entire covenant unenforceable. Rather, the excessive aspects of the covenant shall be reduced to the threshold which is enforceable, and the remaining aspects shall not be affected thereby. The parties intend that the restrictions of this Section 7 be given the construction that renders their provisions valid and enforceable to the maximum extent possible under applicable law.
Appears in 1 contract
Samples: Change in Control Agreement (Enterprise Financial Services Corp)
Saving Provision. The parties hereto agree that, in the event a court of competent jurisdiction shall determine that the geographical or durational elements of this covenant these covenants are unenforceable, such determination shall not render the entire covenant unenforceable. Rather, the excessive aspects of the covenant shall be reduced to the threshold which is enforceable, and the remaining aspects shall not be affected thereby. The parties hereto stipulate that and that any breach of the terms of this Section 9 shall be a material breach of this Agreement. The terms of this Section 9 shall remain in effect during and following the term of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Orthodontic Centers of America Inc /De/)