Common use of Severability of Covenants/Blue Penciling Clause in Contracts

Severability of Covenants/Blue Penciling. If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect, without regard to the invalid portions, and the affected portion shall be construed as if it were written so as to both be valid and to effectuate the parties’ expressed intent to the maximum extent consistent with validity. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the breadth or duration of such provision or the area covered thereby, such court shall have the power to and is requested to reduce the breadth or duration or area of such provision and, in its reduced form, such provision shall then be enforceable and shall be enforced. Xxxxxx hereby waives any and all right to attach the validity of the Restrictive Covenants on the grounds of the breadth of their scope or the length of their term.

Severability of Covenants/Blue Penciling. Employee acknowledges and agrees that the covenants herein are necessary for the protection of the Company’s legitimate interests, are reasonable and valid in duration and geographical scope, and in all other respects. If any court determines that any of the Restrictive Covenants, covenants or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants covenants shall not thereby be affected and shall be given full effect, without regard to the invalid portions, and the affected portion shall be construed as if it were written so as to both be valid and to effectuate the parties’ expressed intent to the maximum extent consistent with validity. If any court determines that any of the Restrictive Covenantscovenants, or any part thereof, is unenforceable because of the breadth duration or duration geographical scope of such provision or the area covered therebyprovision, such court shall have the power to and is requested to reduce the breadth or duration or area geographical scope of such provision provision, as the case may be, and, in its reduced form, such provision shall then be enforceable and shall be enforced. Xxxxxx hereby waives Should, however, a court of competent jurisdiction deem any covenant to be impermissibly over-broad, it is the desire and all right to attach the validity intention of the Restrictive Covenants on parties that the grounds of covenant be enforced to the breadth of their scope or the length of their termgreatest extent deemed to be enforceable.