Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ intent that if it is determined any of the Covenants are unenforceable because of over breadth, then the covenant shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 21 contracts
Samples: Employment Agreement (Infinity Property & Casualty Corp), Employment Agreement (Infinity Property & Casualty Corp), Employment Agreement (Infinity Property & Casualty Corp)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ ' intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ ' intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ ' intent that if it is determined any of the Covenants are unenforceable because of over breadth, then the covenant covenants shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 11 contracts
Samples: Executive Employment Agreement (Libbey Inc), Executive Employment Agreement (Libbey Inc), Employment Agreement (Libbey Inc)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ intent that if it is determined any of the Covenants are unenforceable because of over breadth, then the covenant covenants shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 11 contracts
Samples: Employment Agreement (Libbey Inc), Employment Agreement (Libbey Inc), Employment Agreement (Libbey Inc)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ intent that if it is determined that any of the Covenants are unenforceable because of over breadthoverbreadth, then the covenant Covenants shall be modified so as to make it such Covenants reasonable and enforceable under the prevailing circumstances.
Appears in 7 contracts
Samples: Employment Agreement (Willbros Group, Inc.\NEW\), Stockholders Agreement (Interhealth Facility Transport, Inc.), Employment Agreement (InfrastruX Group, Inc.)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ intent that if it is determined that any of the Covenants are unenforceable because of over breadthoverbreadth, then the covenant Covenants shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 5 contracts
Samples: Employment Agreement (Reliant Pharmaceuticals, Inc.), Employment Agreement (Reliant Pharmaceuticals, Inc.), Employment Agreement (Reliant Pharmaceuticals, Inc.)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ ' intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ ' intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ ' intent that if it is determined any of the Covenants are unenforceable because of over breadth, then the covenant shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 5 contracts
Samples: Employment Agreement (Infinity Property & Casualty Corp), Employment Agreement (Infinity Property & Casualty Corp), Employment Agreement (Infinity Property & Casualty Corp)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants covenants under this Article V be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it It is also the parties’ intent that if it is determined any of the Covenants covenants are unenforceable because of over breadthoverbreadth, then the covenant covenants shall be modified so as to make it them reasonable and enforceable under the prevailing circumstances.
Appears in 4 contracts
Samples: Employment Agreement (Avago Technologies Finance Pte. Ltd.), Employment Agreement (Avago Technologies LTD), Employment Agreement (Avago Technologies Finance Pte. Ltd.)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants covenants under this Section 5 be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it It is also the parties’ intent that if it is determined any of the Covenants covenants are unenforceable because of over breadthoverbreadth, then the covenant covenants shall be modified so as to make it reasonable and enforceable to the fullest extent permitted under the prevailing circumstancesapplicable laws.
Appears in 3 contracts
Samples: Employment Agreement (Telx Group, Inc.), Executive Employment Agreement (Telx Group, Inc.), Executive Employment Agreement (Telx Group, Inc.)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ ' intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ ' intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ ' intent that if it is determined determine any of the Covenants are unenforceable because of over breadth, then the covenant covenants shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 3 contracts
Samples: Employment Agreement (CBD Media LLC), Employment Agreement (CBD Media LLC), Employment Agreement (CBD Media LLC)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ ' intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith(Severability, Enforceability) hereof, it is also the parties’ ' intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ ' intent that if it is determined any of the Covenants are unenforceable because of over breadth, then the covenant shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 3 contracts
Samples: Executive Employment Agreement (Direct General Corp), Employment Agreement (Direct General Corp), Employment Agreement (Direct General Corp)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants covenants under this Section 5 be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it It is also the parties’ intent that if it is determined any of the Covenants covenants are unenforceable because of over breadthoverbreadth, then the covenant covenants shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 2 contracts
Samples: Employment Agreement (Telx Group, Inc.), Employment Agreement (Telx Group, Inc.)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants covenants under this Section 7 be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it It is also the parties’ intent that if it is determined any of the Covenants covenants are unenforceable because of over breadthoverbreadth, then the covenant covenants shall be modified so as to make it them reasonable and enforceable under the prevailing circumstances.
Appears in 2 contracts
Samples: Employment Separation Agreement, Employment Separation Agreement (Avago Technologies Finance Pte. Ltd.)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ intent that if it is determined determine any of the Covenants are unenforceable because of over breadth, then the covenant covenants shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 2 contracts
Samples: Employment Agreement (CBD Finance Inc), Employment Agreement (CBD Media Holdings LLC)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ ' intent that each of the Covenants be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ intent that if it is determined any of the Covenants are unenforceable because of over breadth, then the covenant shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 2 contracts
Samples: Employment Agreement (Infinity Property & Casualty Corp), Employment Agreement (Infinity Property & Casualty Corp)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants covenants contained herein (the “Covenants”) be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is also the parties’ intent that if it is determined that any of the Covenants are unenforceable because of over breadthoverbreadth, then the covenant Covenants shall be modified so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 1 contract
Samples: Common Unit Repurchase Agreement (Gaylord Entertainment Co /De)
Severability and Modification of Any Unenforceable Covenant. It is the parties’ intent that each of the Covenants covenants under this Section 5 be read and interpreted with every reasonable inference given to its enforceability. However, without limiting the generality of Section 5.5 herewith, it is also the parties’ intent that if any term, provision or condition of the Covenants covenants is held to be invalid, void or unenforceable, the remainder of the provisions thereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it It is also the parties’ intent that if it is determined any of the Covenants covenants are unenforceable because of over breadthoverbreadth, then the covenant covenants shall be modified so as to make it them reasonable and enforceable under the prevailing circumstances.
Appears in 1 contract
Samples: Separation Agreement (Avago Technologies Finance Pte. Ltd.)