Common use of Severability and Modification of Covenants Clause in Contracts

Severability and Modification of Covenants. Employee acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 60 contracts

Samples: Employment Agreement (Lirum Therapeutics, Inc.), Employment Agreement (Lirum Therapeutics, Inc.), Employment Agreement (Nuvectis Pharma, Inc.)

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Severability and Modification of Covenants. Employee Participant acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 12 contracts

Samples: Restricted Stock Unit Award Agreement (Assurant, Inc.), Restricted Stock Unit Award Agreement (Assurant, Inc.), Restricted Stock Unit Award Agreement (Assurant, Inc.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants Covenants, or any other provision of this Section 7, be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyEmployer’s legitimate business interests and may be enforced by the Company Employer to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 11 contracts

Samples: Employment Agreement (FB Financial Corp), Employment Agreement (FB Financial Corp), Employment Agreement (FB Financial Corp)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyBank’s legitimate business interests and may be enforced by the Company Bank to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 10 contracts

Samples: Employment Agreement (Prime Meridian Holding Co), Employment Agreement (Prime Meridian Holding Co), Employment Agreement (Prime Meridian Holding Co)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 9 contracts

Samples: Employment Agreement (FrontView REIT, Inc.), Employment Agreement (FrontView REIT, Inc.), Employment Agreement (FrontView REIT, Inc.)

Severability and Modification of Covenants. Employee The Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 9 contracts

Samples: Employment Agreement (FirstCash Holdings, Inc.), Employment Agreement (FirstCash Holdings, Inc.), Employment Agreement (FirstCash Holdings, Inc.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 8 contracts

Samples: Executive Employment Agreement (Enzo Biochem Inc), Executive Employment Agreement (Enzo Biochem Inc), Employment Agreement (Broadstone Net Lease, Inc.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenantcovenant and they are severable from one another. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all no other provisions of this Agreement shall be valid and enforceablerendered invalid or unenforceable by such modification.

Appears in 6 contracts

Samples: Employment Agreement (Popeyes Louisiana Kitchen, Inc.), Employment Agreement (Popeyes Louisiana Kitchen, Inc.), Employment Agreement (Popeyes Louisiana Kitchen, Inc.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 6 contracts

Samples: Separation Agreement (Select Interior Concepts, Inc.), Employment Agreement (Select Interior Concepts, Inc.), Employment Agreement (Select Interior Concepts, Inc.)

Severability and Modification of Covenants. Employee acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s 's legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 5 contracts

Samples: Confidentiality, Non Solicitation and Non Competition Agreement (Equitrans Midstream Corp), Confidentiality, Non Solicitation and Non Competition Agreement (Equitrans Midstream Corp), Confidentiality, Non Solicitation and Non Competition Agreement (Equitrans Midstream Corp)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidnessvoid-ness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s Employer's legitimate business interests and may be enforced by the Company Employer to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 5 contracts

Samples: Executive Employment Agreement (Primis Financial Corp.), Executive Employment Agreement (Primis Financial Corp.), Executive Employment Agreement (Primis Financial Corp.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the covenants in this Section 7 (the “Restrictive Covenants Covenants”) is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyCompany Group’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 5 contracts

Samples: Employment Agreement (Aveanna Healthcare Holdings, Inc.), Employment Agreement (Aveanna Healthcare Holdings, Inc.), Employment Agreement (Aveanna Healthcare Holdings, Inc.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any portion of the provisions any of the Restrictive Covenants should ever is found to be held by invalid or unenforceable because its duration, geographic territory, scope of activities, or information covered is considered to be unreasonable in scope, the invalid or unenforceable term shall be redefined, or a court of competent jurisdiction to exceed the scope permitted by the applicable lawnew enforceable term provided, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for that the reasonable protection intent of the Company’s legitimate business interests Company and may be enforced by Executive in agreeing to the Company to that extent in the manner described above and all other provisions of this Agreement will not be impaired and the provision in question shall be valid and enforceableenforced to the fullest extent permitted by law.

Appears in 4 contracts

Samples: Waiver and Release Agreement (Aaron's Inc), Employment Agreement (CatchMark Timber Trust, Inc.), Employment Agreement (CatchMark Timber Trust, Inc.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s Pier 1 Imports’ legitimate business interests and may be enforced by the Company Pier 1 Imports to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 4 contracts

Samples: Executive Severance Agreement (Pier 1 Imports Inc/De), Executive Severance Agreement (Pier 1 Imports Inc/De), Executive Severance Agreement (Pier 1 Imports Inc/De)

Severability and Modification of Covenants. Employee acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyEmployer’s legitimate business interests and may be enforced by the Company Employer to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 4 contracts

Samples: Employment Agreement (Colony Bankcorp Inc), Employment Agreement (Colony Bankcorp Inc), Employment Agreement (Colony Bankcorp Inc)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyEmployer’s legitimate business interests and may be enforced by the Company Employer to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 3 contracts

Samples: Employment Agreement (Colony Bankcorp Inc), Employment Agreement (Colony Bankcorp Inc), Employment Agreement (Colony Bankcorp Inc)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable. The Restrictive Covenants shall survive the termination of the Contract Term and this Agreement.

Appears in 3 contracts

Samples: Executive Employment Agreement (Enzo Biochem Inc), Executive Employment Agreement (Enzo Biochem Inc), Executive Employment Agreement (Enzo Biochem Inc)

Severability and Modification of Covenants. Employee Grantee acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respectsrespects and is no greater than necessary to protect the Company Business. The parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests Company Business and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 3 contracts

Samples: Long Term Incentive Award Agreement (Pier 1 Imports Inc/De), Restricted Stock Unit Award Agreement (Pier 1 Imports Inc/De), Restricted Stock Unit Award Agreement (Pier 1 Imports Inc/De)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyEmployer’s legitimate business interests and may be enforced by the Company Employer to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 3 contracts

Samples: Executive Employment Agreement (Primis Financial Corp.), Executive Employment Agreement (Primis Financial Corp.), Executive Employment Agreement (Southern National Bancorp of Virginia Inc)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respectsrespects and is no greater than necessary to protect Pier 1 Imports’ legitimate business interests. The parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s Pier 1 Imports’ legitimate business interests and may be enforced by the Company Pier 1 Imports to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 3 contracts

Samples: Executive Agreement (Pier 1 Imports Inc/De), Executive Agreement (Pier 1 Imports Inc/De), Executive Agreement (Pier 1 Imports Inc/De)

Severability and Modification of Covenants. Employee The Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyCorporation’s legitimate business interests and may be enforced by the Company Corporation to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 3 contracts

Samples: Severance Protection Agreement (CommScope Holding Company, Inc.), Severance Protection Agreement (CommScope Holding Company, Inc.), Severance Protection Agreement (CommScope Holding Company, Inc.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants Covenants, or any other provision of this Section 6, be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyBank’s legitimate business interests and may be enforced by the Company Bank to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 3 contracts

Samples: Executive Employment Agreement (Stellar Bancorp, Inc.), Executive Employment Agreement (Allegiance Bancshares, Inc.), Executive Employment Agreement (CBTX, Inc.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants Covenants, or any other provision of this Section 7, be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyEmployer’s legitimate business LEGAL02/43757235v4 interests and may be enforced by the Company Employer to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 2 contracts

Samples: Employment Agreement (FB Financial Corp), Employment Agreement (FB Financial Corp)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respectsrespects and is no greater than necessary to protect the Company’s legitimate business interests. The parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 2 contracts

Samples: Executive Agreement (Pier 1 Imports Inc/De), Executive Agreement (Pier 1 Imports Inc/De)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable. The Restrictive Covenants shall survive the termination of the Term and this Agreement.

Appears in 2 contracts

Samples: Executive Employment Agreement (Enzo Biochem Inc), Executive Employment Agreement (Enzo Biochem Inc)

Severability and Modification of Covenants. Employee Feehan acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Employment Agreement (Firstcash, Inc)

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Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be bc considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Protective Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s Employer's legitimate business interests and may be enforced by the Company Employer to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Employment Agreement (Colony Bankcorp Inc)

Severability and Modification of Covenants. Employee acknowledges and agrees that each of the Restrictive Protective Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanySouthside’s legitimate business interests and may be enforced by the Company Southside to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Key Employee Retention Agreement (Southside Bancshares Inc)

Severability and Modification of Covenants. Employee Unitholder acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Merger Agreement (ZAIS Financial Corp.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the covenants in this Section 7 (the "Restrictive Covenants Covenants") is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s Company Group's legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Employment Agreement (Aveanna Healthcare Holdings, Inc.)

Severability and Modification of Covenants. Employee acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should 4 any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Release Agreement

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants Covenants, or any other provision of this Section 6, be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Employment Agreement (FB Financial Corp)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed constructed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants Covenants, or any other provision of this Section 7, be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyEmployer’s legitimate business interests and may be enforced by the Company Employer to that extent in the manner maimer described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Employment Agreement (FB Financial Corp)

Severability and Modification of Covenants. Employee acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Merger Agreement (ZAIS Financial Corp.)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should should any part or provision of any of the Restrictive Covenants Covenants, or any other provision of this Section 7, be held invalid, void, or LEGAL02/43756812v5 unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyEmployer’s legitimate business interests and may be enforced by the Company Employer to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Employment Agreement (FB Financial Corp)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties Parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants Covenants, or any other provision of this Section 7, be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive LEGAL02/43756997v5 Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the CompanyEmployer’s legitimate business interests and may be enforced by the Company Employer to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Employment Agreement (FB Financial Corp)

Severability and Modification of Covenants. Employee acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties Employees and the Company agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement Plan or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Separation Agreement (Genworth Financial Inc)

Severability and Modification of Covenants. Employee acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Employment Agreement (CommScope Holding Company, Inc.)

Severability and Modification of Covenants. Employee Xxxxxx acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Employment Agreement (FirstCash Holdings, Inc.)

Severability and Modification of Covenants. Employee Associate acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any portion of the provisions any of the Restrictive Covenants should ever is found to be held by invalid or unenforceable because its duration, geographic territory, scope of activities, or information covered is considered to be unreasonable in scope, the invalid or unenforceable term shall be redefined, or a court of competent jurisdiction to exceed the scope permitted by the applicable lawnew enforceable term provided, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for that the reasonable protection intent of the Company’s legitimate business interests Company and may be enforced by Associate in agreeing to the Company to that extent in the manner described above and all other provisions of this Agreement will not be impaired and the provision in question shall be valid and enforceableenforced to the fullest extent permitted by law.

Appears in 1 contract

Samples: Confidential Waiver and Release Agreement (Aaron's Inc)

Severability and Modification of Covenants. Employee Executive acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants Covenants, or any other provision of this Section 7, be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Executive Employment Agreement (CBTX, Inc.)

Severability and Modification of Covenants. Employee acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is ​ ​ their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

Appears in 1 contract

Samples: Confidentiality, Non Solicitation and Non Competition Agreement (Archrock, Inc.)

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