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, it is also the parties' intent that if any term, provision or condition of the covenants is held by a court of competent jurisdiction 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 a court should determine any of the covenants are unenforceable because of over breadth, then the court shall modify said covenant so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 7 contracts
Samples: Executive Employment Agreement (N2h2 Inc), Employment Agreement (N2h2 Inc), Executive Employment Agreement (N2h2 Inc)
Severability and Modification of Any Unenforceable Covenant. It is the parties' intent that each of the covenants Covenants be read and interpreted with every reasonable inference given to its enforceability. However, it is also the parties' intent that if any term, provision or condition of the covenants Covenants is held by a court of competent jurisdiction 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 a court should determine any of the covenants Covenants are unenforceable because of over breadth, then the court shall modify said covenant so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 5 contracts
Samples: Executive Employment Agreement (N2h2 Inc), Executive Employment Agreement (N2h2 Inc), Executive Employment Agreement (N2h2 Inc)
Severability and Modification of Any Unenforceable Covenant. It is the parties' ’ intent that each of the covenants Covenants be read and interpreted with every reasonable inference given to its enforceability. However, it is also the parties' ’ intent that if any term, provision or condition of the covenants Covenants is held by a court of competent jurisdiction 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 a court should determine any of the covenants Covenants are unenforceable because of over breadthoverbreadth, then the court shall modify said covenant so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 2 contracts
Samples: Employment Agreement (Reliant Pharmaceuticals, Inc.), Employment Agreement (Reliant Pharmaceuticals, Inc.)
Severability and Modification of Any Unenforceable Covenant. It is the parties' intent The parties intend that each section of the covenants this Agreement shall be read and interpreted with every reasonable inference given to its enforceability. However, it is the parties also the parties' intent intend that if any term, provision or condition of the covenants this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions thereof herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Finally, it is the parties also the parties' intent intend that if a court should determine any of the covenants are restrictive covenant contained in this Agreement is unenforceable because of over breadth, then the court shall modify said covenant so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 1 contract
Samples: Employment Agreement (Pediatric Services of America 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, it is also the parties' intent that if any term, provision or condition of the covenants is held by a court of competent jurisdiction 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 a court should determine any of the covenants are unenforceable because of over breadth, then the court shall modify said covenant so as to make it reasonable and enforceable under the prevailing circumstances.. 9 <PAGE> 10 (i)
Appears in 1 contract