Common use of Scope/Severability Clause in Contracts

Scope/Severability. The parties acknowledge that the businesses of Buyer and the Subsidiaries are and will continue to be worldwide in scope and thus the covenants in Section 3 would be particularly ineffective if the covenants were to be limited to a particular geographic area except that the covenants under Section 3 shall only apply to the Restricted Territory. If any court of competent jurisdiction at any time deems the Restricted Period unreasonably lengthy, or the Restricted Territory unreasonably extensive, or any of the covenants set forth in Section 3 not fully enforceable, the other provisions of Section 3, and this Agreement in general, will nevertheless stand and to the full extent consistent with law continue in full force and effect, and it is the intention and desire of the parties that the court treat any provisions of this Agreement which are not fully enforceable as having been modified to the extent deemed necessary by the court to render them reasonable and enforceable and that the court enforce them to such extent (for example, that the Restricted Period be deemed to be the longest period permissible by law, but not in excess of the length provided for in Section 3, and the Restricted Territory be deemed to comprise the largest territory permissible by law under the circumstances).

Appears in 2 contracts

Samples: Non Competition Agreement (K Tel International Inc), Non Competition Agreement (K Tel International Inc)

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Scope/Severability. The parties acknowledge that the businesses business of Buyer Parent and the Subsidiaries are Company is and will continue to be worldwide national in scope and thus the covenants in Section 3 this SECTION 9 would be particularly ineffective if the covenants were to be limited to a particular geographic area except that the covenants under Section 3 shall only apply to the Restricted Territoryarea. If any court of competent jurisdiction at any time deems the Restricted Period unreasonably lengthy, or the Restricted Territory unreasonably extensive, or any of the covenants set forth in Section 3 this SECTION 9 not fully enforceable, the other provisions of Section 3this SECTION 9, and this Employment Agreement in general, will nevertheless stand and to the full extent consistent with law continue in full force and effect, and it is the intention and desire of the parties that the court treat any provisions of this Employment Agreement which are not fully enforceable as having been modified to the extent deemed necessary by the court to render them reasonable and enforceable and that the court enforce them to such extent (for example, that the Restricted Period be deemed to be the longest period permissible by law, but not in excess of the length provided for in Section 3SECTION 9(B), and the Restricted Territory be deemed to comprise the largest territory permissible by law under the circumstancescircumstances but not in excess of the territory provided for in SECTION 9(b)).

Appears in 2 contracts

Samples: Employment Agreement (VI Acquisition Corp), Employment Agreement (VI Acquisition Corp)

Scope/Severability. The parties acknowledge that the businesses of Buyer and the Subsidiaries Xxxxx are and will continue to be worldwide national and international in scope and thus the covenants in Section 3 2 would be particularly ineffective if the covenants were to be limited to a particular geographic area except that of the covenants under Section 3 shall only apply to the Restricted TerritoryUnited States. If any court of competent jurisdiction at any time deems the Restricted Period unreasonably lengthy, or the Restricted Territory unreasonably extensive, or any of the covenants set forth in Section 3 Sections 2(a) or (b) not fully enforceable, the other provisions of Section 32, and this Agreement in general, will nevertheless stand and to the full extent consistent with law continue in full force and effect, and it is the intention and desire of the parties that the court treat any provisions of this Agreement which are not fully enforceable as having been modified to the extent deemed necessary by the court to render them reasonable and enforceable and that the court enforce them to such extent (for example, that the Restricted Period be deemed to be the longest period permissible by law, but not in excess of the length provided for in Section 32(a), and the Restricted Territory be deemed to comprise the largest territory permissible by law under the circumstances).

Appears in 1 contract

Samples: Asset Purchase Agreement (Platinum Entertainment Inc)

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Scope/Severability. The parties acknowledge that the businesses business of Buyer Parent and the Subsidiaries are Company is and will continue to be worldwide international in scope and thus the covenants in this Section 3 9 would be particularly ineffective if the covenants were to be limited to a particular geographic area except that the covenants under Section 3 shall only apply to the Restricted Territoryarea. If any court of competent jurisdiction at any time deems the Restricted Period unreasonably lengthy, or the Restricted Territory unreasonably extensive, or any of the covenants set forth in this Section 3 9 not fully enforceable, the other provisions of this Section 39, and this Employment Agreement in general, will nevertheless stand and to the full extent consistent with law continue in full force and effect, and it is the intention and desire of the parties that the court treat any provisions of this Employment Agreement which are not fully enforceable as having been modified to the extent deemed necessary by the court to render them reasonable and enforceable and that the court enforce them to such extent (for example, that the Restricted Period be deemed to be the longest period permissible by law, but not in excess of the length provided for in Section 39(b), and the Restricted Territory be deemed to comprise the largest territory permissible by law under the circumstancescircumstances but not in excess of the territory provided for in Section 9(b)).

Appears in 1 contract

Samples: Employment Agreement (Vicorp Restaurants Inc)

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