Severability and Reasonableness. If, at any time, the provisions of this Section 10 shall be determined to be invalid or unenforceable, by reason of being vague or unreasonable as to geographic area, duration or scope of activity or due to any other restriction or limitation, this Section 10 shall be considered divisible and shall become and be immediately amended to only such geographic area, duration and scope of activity and/or restrictions or limitations as shall be determined to be reasonable and enforceable by an arbitrator or a court having jurisdiction over the matter; and the Participant agrees that this Section 10 as so amended shall be valid and binding as though any invalid or unenforceable portion had not been included herein. The parties agree that the geographic area, duration and scope of the limitations and the restrictions described in subsections (a) through (e) are reasonable.
Appears in 5 contracts
Samples: Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/), Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/), Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/)
Severability and Reasonableness. If, at any time, the provisions of this Section 10 14 shall be determined to be invalid or unenforceable, by reason of being vague or unreasonable as to geographic area, duration or scope of activity or due to any other restriction or limitation, this Section 10 14 shall be considered divisible and shall become and be immediately amended to only such geographic area, duration and scope of activity and/or restrictions or limitations as shall be determined to be reasonable and enforceable by an arbitrator or a court having jurisdiction over the matter; and the Participant agrees that this Section 10 14 as so amended shall be valid and binding as though any invalid or unenforceable portion had not been included herein. The parties agree that the geographic area, duration and scope of the limitations and the restrictions described in subsections (a) through (e) are reasonable.
Appears in 4 contracts
Samples: Restricted Stock Award Agreement (Fleming Companies Inc /Ok/), Restricted Stock Award Agreement (Fleming Companies Inc /Ok/), Restricted Stock Award Agreement (Fleming Companies Inc /Ok/)
Severability and Reasonableness. If, at any time, the provisions of this Section 10 shall be determined to be invalid or unenforceable, by reason of being vague or unreasonable as to geographic area, duration or scope of activity or due to any other restriction or limitation, this Section 10 shall be considered divisible and shall become and be immediately amended to only such geographic area, duration and scope of activity and/or restrictions or limitations as shall be determined to be reasonable and enforceable enforce- able by an arbitrator or a court having jurisdiction over the matter; and the Participant agrees that this Section 10 as so amended shall be valid and binding as though any invalid or unenforceable portion had not been included herein. The parties agree that the geographic area, duration and scope of the limitations and the restrictions described in subsections (a) through (e) are reasonable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/)
Severability and Reasonableness. If, at any time, the provisions of this Section 10 shall be determined to be invalid in- valid or unenforceable, by reason of being vague or unreasonable as to geographic area, duration or scope of activity or due to any other restriction or limitation, this Section 10 shall be considered divisible and shall become and be immediately amended to only such geographic area, duration and scope of activity and/or restrictions or limitations as shall be determined to be reasonable and enforceable by an arbitrator or a court having jurisdiction over the matter; and the Participant agrees that this Section 10 as so amended shall be valid and binding as though any invalid or unenforceable portion had not been included herein. The parties agree that the geographic area, duration and scope of the limitations and the restrictions described in subsections sub- sections (a) through (e) are reasonable.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Fleming Companies Inc /Ok/)
Severability and Reasonableness. If, at any time, the provisions of this Section 10 14 shall be determined to be invalid or unenforceable, by reason of being vague or unreasonable as to geographic area, duration or scope of activity or due to any other restriction or limitation, this Section 10 14 shall be considered divisible and shall become and be immediately amended to only such geographic area, duration and scope of activity and/or restrictions or limitations as shall be determined to be reasonable and enforceable enforce- able by an arbitrator or a court having jurisdiction over the matter; and the Participant agrees that this Section 10 14 as so amended shall be valid and binding as though any invalid or unenforceable portion had not been included herein. The parties agree that the geographic area, duration and scope of the limitations and the restrictions described in subsections (a) through (e) are reasonable.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Fleming Companies Inc /Ok/)