Common use of Severability and Substitution of Provisions Clause in Contracts

Severability and Substitution of Provisions. Every part of this Agreement shall be considered severable. If for any reason any part of this Agreement is held to be invalid, that determination shall not impair the other parts of this Agreement. If any covenant herein, which restricts competitive activity, is deemed unenforceable by virtue of its scope or in terms of geographical area, type of business activity-prohibited, and/or length of time it shall be reformed to make it enforceable to the maximum extent permitted by law; but if such provision could not be rendered enforceable by reducing or reforming any part or all of it, you and we agree that it will be enforced to the fullest extent permissible under applicable law and public policy. If any applicable law requires a greater prior notice of the termination than is required hereunder, a different standard of “good cause” to terminate this Agreement, or the taking of some other action not required hereunder, the prior notice, the “good cause” standard, and/or the other action required by such law shall be substituted for the comparable provisions hereof. If any provision of this Agreement is invalid or unenforceable under applicable law, we have the right, after consultation with you, in our sole discretion, to modify such invalid or unenforceable provision to the extent required to make it valid and enforceable.

Appears in 2 contracts

Samples: Company Area Development Agreement (NOODLES & Co), Company Area Development Agreement (NOODLES & Co)

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Severability and Substitution of Provisions. Every part of this Agreement shall be considered severable. If for any reason any part of this Agreement is held to be invalid, that determination shall not impair the other parts of this Agreement. If any covenant herein, herein which restricts competitive activity, activity is deemed unenforceable by virtue of its scope or in terms of geographical area, type of business activity-prohibited, activity prohibited and/or length of time it shall be reformed to make it enforceable to the maximum extent permitted by law; time, but if such provision could not be rendered enforceable by reducing or reforming any part or all of it, you and we agree that it will be enforced to the fullest extent permissible under applicable law and public policy. If any applicable law requires a greater prior notice of the termination of or refusal to enter into a successor franchise than is required hereunder, a different standard of “good cause” to terminate this Agreement, or the taking of some other action not required hereunder, the prior notice, the “good cause” standard, standard and/or the other action required by such law shall be substituted for the comparable provisions hereof. If any provision of this Agreement or any specification, standard or operating procedure prescribed by us is invalid or unenforceable under applicable law, we have the right, after consultation with you, in our sole discretion, to modify such invalid or unenforceable provision provision, specification, standard or operating procedure to the extent required to make it valid and enforceable.

Appears in 2 contracts

Samples: Franchise Agreement (NOODLES & Co), Franchise Agreement (NOODLES & Co)

Severability and Substitution of Provisions. Every part of this Agreement shall be considered severable. If for any reason any part of this Agreement is held to be invalid, that determination shall not impair the other parts of this Agreement. If any covenant herein, herein which restricts competitive activity, activity is deemed unenforceable by virtue of its scope or in terms of geographical area, type of business activity-prohibited, activity prohibited and/or length of time it shall be reformed to make it enforceable to the maximum extent permitted by law; time, but if such provision could not be rendered enforceable by reducing or reforming any part or all of it, you and we agree that it will be enforced to the fullest extent permissible under applicable law and public policy. If any applicable law requires a greater prior notice of the termination of or refusal to enter into a successor franchise than is required hereunder, a different standard of "good cause” to terminate this Agreement", or the taking of some other action not required hereunder, the prior notice, the “"good cause” standard, " standard and/or the other action required by such law shall be substituted for the comparable provisions hereof. If any provision of this Agreement or any specification, standard or operating procedure prescribed by us is invalid or unenforceable under applicable law, we have the right, after consultation with you, in our sole discretion, to April 2014 51 Exhibit C to the Franchise Disclosure Document Franchise Agreement modify such invalid or unenforceable provision provision, specification, standard or operating procedure to the extent required to make it valid and enforceable.

Appears in 1 contract

Samples: Franchise Agreement (NOODLES & Co)

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Severability and Substitution of Provisions. Every part of this Agreement shall be considered severable. If for any reason any part of this Agreement is held to be invalid, that determination shall not impair the other parts of this Agreement. If any covenant herein, which restricts competitive activity, is deemed unenforceable by virtue of its scope or in terms of geographical area, type of business activity-prohibited, and/or length of time it shall be reformed to make it enforceable to the maximum extent permitted by law; but if such provision could not be rendered enforceable by reducing or reforming any part or all of it, you and we agree that it will be enforced to the fullest extent permissible under applicable law and public policy. If any applicable law requires a greater prior notice of the termination than is required hereunder, a different standard of "good cause" to terminate this Agreement, or the taking of some other action not required hereunder, the prior notice, the "good cause" standard, and/or the other action required by such law shall be substituted for the comparable provisions hereof. If any provision of this Agreement is invalid or unenforceable under applicable law, we have the right, after consultation with you, in our sole discretion, to modify such invalid or unenforceable provision to the extent required to make it valid and enforceable.

Appears in 1 contract

Samples: Area Development Agreement (NOODLES & Co)

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