Severability/Revision Sample Clauses

Severability/Revision. Should any provision of these terms be held by a court of law, or other body having proper jurisdiction to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these terms shall not be affected or impaired thereby and the parties agree that partial enforcement of these terms or revisions of the illegal, invalid or unenforceable provision is appropriate.
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Severability/Revision. Each and every part and subpart of this Section 9.3 shall be severable from each and every other part and subpart of this Section 9.3. If, at the time that the Company seeks to enforce any part of this Section 9.3, a court holds that any restriction herein is unenforceable under circumstances then existing due to its duration, scope, or area, the parties agree that the maximum duration, scope or geographical area deemed reasonable under such circumstances shall automatically be substituted for the stated period, scope or area and that the court shall be allowed to revise and is hereby requested to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. If, however, under applicable law, the court may only excise unreasonable terms and enforce the remaining provisions as written rather than modifying or reforming any term or provision to make it reasonable and enforceable (such as “blue pencil” or “strike-out” interpretation), then the following modified definitions of “Restricted Period”, “Restricted Area” and/or “Business” shall apply: (i) If the Restricted Period as defined in Section 9.3(a) is determined to be unreasonable in duration, then “Restricted Period” shall instead mean the employment period and the 2-year period commencing on the date of termination of Employment’s employment (regardless of whether the termination is voluntary or involuntary). If the Restricted Period as modified by the preceding sentence is determined to be unreasonable in duration, then “Restricted Period” shall mean the employment period and the 1-year period commencing on the date of termination of Executive’s employment (regardless of whether the termination is voluntary or involuntary). If the Restricted Period as modified by the preceding sentence is determined to be unreasonable in duration, then “Restricted Period” shall mean the employment period and the 6-month period commencing on the date of termination of Executive’s employment (regardless of whether the termination is voluntary or involuntary).
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Related to Severability/Revision

  • Severability; Reformation The covenants in this Section 13 are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions of any other covenant. Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth are unreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

  • S everability In case any provision of this Agreement shall be invalid, illegal, or unenforceable in any jurisdiction then, as to such jurisdiction only, such provision shall to the extent of such prohibition or unenforceability be deemed severed from the remainder of this Agreement and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • 4Severability The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof.

  • 9Severability If any provision of this Agreement will, for any reason, be adjudged by any court of competent jurisdiction to be invalid or unenforceable, such judgment will not affect, impair or invalidate the remainder of this Agreement but will be confined in its operation to the provision or provisions hereof directly involved in the controversy in which such judgment will have been rendered, and this Agreement will be construed as if such provision had never existed, unless such construction would operate as an undue hardship on Contributor or Operating Partnership or would constitute a substantial deviation from the general intent of the parties as reflected in this Agreement.