Scope of Restriction. If, at the time of enforcement of this paragraph 6, a court shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area.
Scope of Restriction. It is the intent of the parties hereto that the covenants contained in this paragraph 11 shall be enforced to the fullest extent permissible under the laws and public policies of each jurisdiction in which enforcement is sought (Executive hereby acknowledging that said restrictions are reasonably necessary for the protection of the Company). Accordingly, it is hereby agreed that if any of the provisions of this paragraph 11 shall be adjudicated to be invalid or unenforceable for any reason whatsoever, said provision shall be (only with respect to the operation thereof in the particular jurisdiction in which such adjudication is made) construed by limiting and reducing it so as to be enforceable to the extent permissible, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of said provision in any other jurisdiction.
Scope of Restriction. If, at the time of enforcement of this Section 7, a court shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area.
Scope of Restriction. The parties have attempted to limit the scope of the covenants set forth in Section 5 to the extent necessary. The parties recognize, however, that reasonable people may differ in making such determination. Consequently, the parties hereby agree that if the scope and duration of such covenants would, but for this provision, be deemed by a court of competent authority to be unreasonable or otherwise unenforceable, such court may modify such covenants to the extent that such court determines to be necessary in order to grant enforcement thereof as so modified.
Scope of Restriction. (i) This Section shall apply in the Standard Metropolitan Statistical Area where the Company is located.
(ii) In the event that any other provision of this Section 5.3 or the application of any such provision shall be held to be prohibited or unenforceable in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability. The remaining provisions of this covenant to refrain from competition shall remain in full force and effect, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties shall use their best efforts to replace the provision that is contrary to law with a legal one approximating to the extent possible the original intent of the parties.
(iii) In the event that a Principal Shareholder, who also is a New Employee, is terminated from employment by Parent without cause at any time within three (3) years of the Closing Date, then the term of the restrictions imposed by this Section 5.3 shall be reduced to six (6) months and that terminated Principal Shareholder/New Employee shall receive severance benefits from Parent equal to six (6) months' salary and employee benefits. For the purposes solely of this Agreement, "cause" for a Principal Shareholder's ----- termination shall exist at any time upon the occurrence of any of the following events:
(A) acts of dishonesty by the Principal Shareholder related to the Company, the Surviving Corporation or the Parent;
(B) gross negligence or willful malfeasance by the Principal Shareholder in the performance of his duties;
(C) willful disregard of, or failure to follow written instructions from, Parent's officers or board of directors to do any legal act related to the Company's business;
(D) the Principal Shareholder's conviction of a crime relating to his employment, or of any felony;
(E) physical or mental disability of the Principal Shareholder which prevents performance of his duties for a consecutive period of at least 120 days, or at least 150 days in a period of 200 days; or
(F) death of the Principal Shareholder.
Scope of Restriction. The parties have attempted to limit the scope of the covenants set forth in Section 5 to the extent necessary to provide the Company with the benefit of Executive’s agreement to be employed by the Company. The parties recognize, however, that reasonable people may differ in making such determination. Consequently, the parties hereby agree that if the scope and duration of such covenants would, but for this provision, be deemed by a court of competent authority to be unreasonable or otherwise unenforceable, such court may modify such covenants to the extent that such court determines to be necessary in order to grant enforcement thereof as so modified.
Scope of Restriction. If any portion of any Restrictive Covenant is held by a court of competent jurisdiction to be unreasonable, arbitrary, or against public policy for any reason, that Restrictive Covenant shall be considered divisible as to line of business, time, and geographic area; if a court of competent jurisdiction should determine the specified lines of business, the specified period, or the specified geographic area to be unreasonable, arbitrary, or against public policy for any reason, a narrower line of business, a lesser period, or a smaller geographic area that is determined to be reasonable, non-arbitrary, and not against public policy for any reason may be enforced by the Company against you.
Scope of Restriction. (i) This Section shall apply in the SMSA where the Company is located.
(ii) In the event that any other provision of this Section 5.3 or the application of any such provision shall be held to be prohibited or unenforceable in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability. The remaining provisions of this covenant to refrain from competition shall remain in full force and effect, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties shall use their best efforts to replace the provision that is contrary to law with a legal one approximating to the extent possible the original intent of the parties.
(iii) In the event that a Principal Shareholder, who also is a New Employee, is terminated from employment by Parent without cause at any time within three (3) years of the Closing Date, then the term of the restrictions imposed by this Section 5.3 shall be reduced to six (6) months and that terminated Principal Shareholder/New Employee shall receive severance benefits from Parent equal to six (6) months salary and employee benefits.
Scope of Restriction. It is the intent of the parties hereto that the covenants contained in this Agreement shall be enforced to the fullest extent permissible under the laws of and public policies of each jurisdiction in which enforcement is sought (the Shareholders hereby acknowledge that said restrictions are reasonably necessary for the protection of TTIS and Subsidiary). Accordingly, it is hereby agreed that if any one or more of the provisions of subsections 5.2 or 5.3 shall be adjudicated to be invalid or unenforceable for any reason whatsoever, said provision shall be (only with respect to the operation thereof in the particular jurisdiction in which such adjudication is made) construed by limiting and reducing it so as to be enforceable to the extent permissible.
Scope of Restriction. If, at the time of enforcement of this paragraph 6, a court shall hold that the duration, scope or area restrictions stated herein are unreasonable Xxxx Xxxxxx Employment Agreement July 30, 1999 under circumstances then existing, you agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area.
