Common use of Separate Covenants Clause in Contracts

Separate Covenants. This Agreement shall be deemed to consist of a series of separate covenants. Should a determination be made by a court of competent jurisdiction that the character, duration, or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of the Company and the Employee that this Agreement shall be construed by the court in such a manner as to impose only those restrictions on the conduct of the Employee which are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company of the intended benefit of this Agreement. If, in any judicial proceedings, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company of the intended benefit of this Agreement, then it is expressly understood and agreed by the Company and the Employee that those of such covenants which, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the Employee, the term of each such covenant so violated shall be automatically extended for a period equal to the period of time during which the Employee continues to be in violation of such covenant.

Appears in 5 contracts

Samples: Non Disclosure, Non Competition, Non Hiring, Non Solicitation and Severance Agreement (CIFC Corp.), Non Disclosure, Non Competition, Non Hiring, Non Solicitation and Severance Agreement (CIFC Corp.), Non Disclosure, Non Competition, Non Hiring, Non Solicitation and Severance Agreement (CIFC Corp.)

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Separate Covenants. This Agreement shall be deemed to consist of a series of separate covenants, one for each line of business carried on by the Business and each county, state, country or other region included within the Business Area. Should The parties expressly agree that the character, duration and geographical scope of this Agreement are reasonable in light of the circumstances as they exist on the date upon which this Agreement has been executed. However, should a determination nonetheless be made by a court of competent jurisdiction at a later date that the character, duration, duration or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of the Company and the Employee that this Agreement shall be construed by the court in such a manner as to impose only those restrictions on the conduct of the Employee which that are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company Launch and Yahoo! of the intended benefit of this Agreement. If, in any judicial proceedingsproceeding, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company Yahoo! of the intended benefit of this Agreement, then it is expressly understood and agreed by among the Company and the Employee parties hereto that those of such covenants whichthat, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, proceeding shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the Employee, the term of each such covenant so violated shall be automatically extended for a period equal to the period of time during which the Employee continues to be in violation of such covenant.

Appears in 4 contracts

Samples: Noncompetition Agreement (Launch Media Inc), Noncompetition Agreement (Yahoo Inc), Noncompetition Agreement (Launch Media Inc)

Separate Covenants. This Agreement shall be deemed to consist of a series of separate covenants. Should a determination be made by a court of competent jurisdiction that the character, duration, or geographical scope of any provision of this Agreement Agreement, specifically including, but not limited to, Sections 9 through 13, is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of the Company and the Employee Executive that this Agreement shall be construed by the court in such a manner as to impose only those restrictions on the conduct of the Employee Executive which are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company of the intended benefit of this Agreement. If, in any judicial proceedingsproceeding, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company of the intended benefit of this Agreement, then it is expressly understood and agreed by the Company and the Employee Executive that those of such covenants which, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the EmployeeExecutive, the term of each such covenant so violated shall be automatically extended for a period equal to of three (3) years from the date on which Executive permanently ceases such violation of said covenants or for a period of time during which two (2) years from the Employee continues to be in violation date of the entry by a court of competent jurisdiction of a final order or judgment enforcing such covenant, whichever period is later.

Appears in 3 contracts

Samples: Employment Agreement (Viola Group Inc), Employment Agreement (Viola Group Inc), Employment Agreement (Viola Group Inc)

Separate Covenants. This Agreement shall be deemed to consist ------------------ of a series of separate covenants, one for each line of business carried on by the Business and each county, state, country or other region included within the Business Area. Should The parties expressly agree that the character, duration and geographical scope of this Agreement are reasonable in light of the circumstances as they exist on the date upon which this Agreement has been executed. However, should a determination nonetheless be made by a court of competent jurisdiction at a later date that the character, duration, duration or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of the Company and the Employee Individual that this Agreement shall be construed by the court in such a manner as to impose only those restrictions on the conduct of the Employee which Individual that are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company RTI and Mpath of the intended benefit of this Agreement. If, in any judicial proceedingsproceeding, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company Mpath of the intended benefit of this Agreement, then it is expressly understood and agreed by among the Company and the Employee parties hereto that those of such covenants whichthat, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, proceeding shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the Employee, the term of each such covenant so violated shall be automatically extended for a period equal to the period of time during which the Employee continues to be in violation of such covenant.

Appears in 2 contracts

Samples: Merger Agreement (Mpath Interactive Inc/Ca), Merger Agreement (Mpath Interactive Inc/Ca)

Separate Covenants. This Agreement shall be deemed to consist of a ------------------ series of separate covenants, one for each line of business carried on by the Business and each county, state, country or other region included within the Business Area. Should The parties expressly agree that the character, duration and geographical scope of this Agreement are reasonable in light of the circumstances as they exist on the date upon which this Agreement has been executed. However, should a determination nonetheless be made by a court of competent jurisdiction at a later date that the character, duration, duration or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of the Company and the Employee Individual that this Agreement shall be construed by the court in such a manner as to impose only those restrictions on the conduct of the Employee which Individual that are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company Target and Chemdex of the intended benefit of this Agreement. If, in any judicial proceedingsproceeding, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company Chemdex of the intended benefit of this Agreement, then it is expressly understood and agreed by among the Company and the Employee parties hereto that those of such covenants whichthat, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, proceedings shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the Employee, the term of each such covenant so violated shall be automatically extended for a period equal to the period of time during which the Employee continues to be in violation of such covenant.

Appears in 1 contract

Samples: Noncompetition Agreement (Chemdex Corp)

Separate Covenants. This Agreement shall be deemed to consist of a series of separate covenants. Should a determination be made by a court or trier of facts (hereinafter referred to as “the Court”) of competent jurisdiction that the character, duration, or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of the Company and the Employee Executive that this Agreement shall be construed by the court Court in such a manner as to impose only those restrictions on the conduct of the Employee Executive which are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company of the intended benefit of this Agreement. If, in any judicial proceedingsproceeding, a court the Court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company of the intended benefit of this Agreement, then it is expressly understood and agreed by the Company and the Employee Executive that those of such covenants which, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the EmployeeExecutive, the term of each such covenant so violated shall be automatically extended for a period equal to of six months (6) from the date on which Executive permanently ceases such violation, or for a period of time during which as designated by the Employee continues to be in violation Court from the date of such covenantthe entry by the Court of a final order or judgment, whichever period is later.

Appears in 1 contract

Samples: Employment Agreement (Repros Therapeutics Inc.)

Separate Covenants. This Agreement shall be deemed to consist of a series of separate covenants. Should a determination be made by a court of competent jurisdiction that the character, duration, or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of the Company and the Employee that this Agreement shall be construed by the court in such a manner as to impose only those restrictions on the conduct of the Employee which are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company of the intended benefit of this Agreement. If, in any judicial proceedingsproceeding, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company of the intended benefit of this Agreement, then it is expressly understood and agreed by the Company and the Employee that those of such covenants which, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the Employee, the term of each such covenant so violated shall be automatically extended for a period equal to the period of time during which the Employee continues to be in violation of such covenant.

Appears in 1 contract

Samples: Employment Agreement (Galaxy Gaming, Inc.)

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Separate Covenants. This Agreement shall be deemed to consist of a series of separate covenants. Should a determination be made by a court of competent jurisdiction that the character, duration, or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of the Company and the Employee Senior Adviser that this Agreement shall be construed by the court in such a manner as to impose only those restrictions on the conduct of the Employee Senior Adviser which are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company of the intended benefit of this Agreement. If, in any judicial proceedings, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company of the intended benefit of this Agreement, then it is expressly understood and agreed by the Company and the Employee Senior Adviser that those of such covenants which, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the EmployeeSenior Adviser, the term of each such covenant so violated shall be automatically extended for a period equal to the period of time during which the Employee Senior Adviser continues to be in violation of such covenant.

Appears in 1 contract

Samples: Non Disclosure, Non Competition, Non Hiring, Non Solicitation and Severance Agreement (CIFC Corp.)

Separate Covenants. This Agreement shall be deemed to consist of a series of separate covenants. Should a determination be made by a court of competent jurisdiction that the character, duration, or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of the Company and the Employee that this Agreement shall be construed by the court in such a manner as to impose only those restrictions on the conduct of the Employee which are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company of the intended benefit of this Agreement. If, in any judicial proceedingsproceeding, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company of the intended benefit of this Agreement, Agreement then it is expressly understood and agreed by the Company and the Employee that those of such covenants which, if If eliminated, would permit the remaining separate covenants to be enforced in such proceeding, shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the Employee, the term of each such covenant so violated shall be automatically extended for a period equal to the period of time during which the Employee continues to be in violation of such covenant.

Appears in 1 contract

Samples: Employment Agreement (Secured Diversified Investment LTD)

Separate Covenants. This Agreement shall be deemed to consist of a series of separate covenants. Should a determination be made by a court of competent jurisdiction that the character, duration, or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement ·of the Company and the Employee that this Agreement shall be construed by the court in such a manner as to to. impose only those restrictions on the conduct of the Employee which are reasonable in light of the circumstances as they then exist and as are necessary to assure the Company of the intended benefit of this Agreement. If, in any judicial proceedingsproceeding, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken because,-taken together, they are more extensive than necessary to assure the Company of the intended benefit of this Agreement, then it is expressly understood and agreed by the Company and the Employee that those of such covenants which, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, shall, for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by the Employee, the term of each such covenant so violated shall be automatically extended for a period equal to the period of time during which the Employee continues to be in violation of such covenant.

Appears in 1 contract

Samples: Employment Agreement (Galaxy Gaming, Inc.)

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