Severability and Modification of Any Unenforceable Covenant. It is the parties' intent that each of the Restrictive 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 Restrictive 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 Restrictive 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 2 contracts
Samples: Asset Purchase Agreement (General Automation Inc), Asset Purchase Agreement (General Automation Inc)
Severability and Modification of Any Unenforceable Covenant. It is the parties' ’ intent that each of the Restrictive Covenants covenants set forth herein 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 Restrictive Covenants such covenants is held by a court of competent jurisdiction to be invalid, void invalid or unenforceable, the remainder of the provisions thereof shall will remain in full force and effect and shall will in no way be affected, impaired or invalidated. Finally, it is also the parties' ’ intent that if a court should determine any of the Restrictive Covenants covenants set forth herein are unenforceable because of over-breadth, then the court shall will modify said covenant so as to make it reasonable and enforceable under the prevailing circumstances.
Appears in 1 contract
Severability and Modification of Any Unenforceable Covenant. It is the parties' intent of Stockholder that each of the Restrictive Covenants be read and interpreted with every reasonable inference given to its enforceability. However, it is also the parties' Stockholder’s intent that if any term, provision or condition of the Restrictive 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' Stockholder’s intent that if a court should determine any of the Restrictive 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 1 contract
Severability and Modification of Any Unenforceable Covenant. It is the parties' ’ intent that each of the Restrictive 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 Restrictive 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 Restrictive 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 1 contract
Severability and Modification of Any Unenforceable Covenant. It is the ----------------------------------------------------------- parties' intent that each of the Restrictive 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 Restrictive 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 Restrictive Covenants are unenforceable because of over-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: Consulting and Non Competition Agreement (Click Commerce Inc)