Common use of SEVERABLE COVENANTS Clause in Contracts

SEVERABLE COVENANTS. The Parties intend that the covenants in Section 8.1 will be construed as a series of separate covenants, each consisting of the covenants in Section 8.1 for each of the Locations. Except for the Locations, all such separate covenants will be deemed identical. The Parties desire and intend that this Agreement be enforced to the fullest extent permissible under the Laws and public policies applied in each jurisdiction in which enforcement is sought. If any particular provision of Section 8.1, 8.2 or 8.3 is adjudicated to be invalid or unenforceable, (a) each of the Parties agrees that if such provisions would be valid or enforceable if some part or parts of them were deleted or the period or area of application reduced, the applicable restriction will apply with the modifications necessary to make it valid and enforceable, and (b) such adjudication will apply only with respect to the operation of this Agreement in the particular jurisdiction in which the adjudication is made, and the unenforceable covenant will be eliminated from this Agreement to the extent necessary to permit the remaining separate covenants (or portions of them) to be enforced.

Appears in 1 contract

Samples: Asset Purchase Agreement (NTN Communications Inc)

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SEVERABLE COVENANTS. The Parties intend that the covenants in Section 8.1 will be construed as a series of separate covenants, each consisting of the covenants in Section 8.1 for each of the Locations. Except for the Locations, all such separate covenants will be deemed identical. The Parties desire and intend that this Agreement be enforced to the fullest extent permissible under the Laws and public policies applied in each jurisdiction in which enforcement is sought. If any particular provision of Section 8.1, 8.2 or 8.3 is adjudicated to be invalid or unenforceable, (a) each of the Parties agrees that if such provisions would be valid or enforceable if some part or parts of them were deleted or the period or area of application reduced, the applicable restriction will apply with the most limited modifications necessary to make it valid and enforceable, and (b) such adjudication will apply only with respect to the operation of this Agreement in the particular jurisdiction in which the adjudication is made, and the unenforceable covenant will be eliminated from this Agreement to the extent necessary to permit the remaining separate covenants (or portions of them) to be enforced.

Appears in 1 contract

Samples: Asset Purchase Agreement (NTN Communications Inc)

SEVERABLE COVENANTS. The Parties intend that the covenants in Section 8.1 7.1 will be construed as a series of separate covenants, each consisting of the covenants in Section 8.1 7.1 for each of the Locations. Except for the Locations, all such separate covenants will be deemed identical. The Parties desire and intend that this Agreement be enforced to the fullest extent permissible under the Laws and public policies applied in each jurisdiction in which enforcement is sought. If any particular provision of Section 8.1, 8.2 7.1 or 8.3 7.2 is adjudicated to be invalid or unenforceable, (a) each of the Parties agrees that if such provisions would be valid or enforceable if some part or parts of them were deleted or the period or area of application reduced, the applicable restriction will apply with the modifications necessary to make it valid and enforceable, and (b) such adjudication will apply only with respect to the operation of this Agreement in the particular jurisdiction in which the adjudication is made, and the unenforceable covenant will be eliminated from this Agreement to the extent necessary to permit the remaining separate covenants (or portions of them) to be enforced.

Appears in 1 contract

Samples: Shares Purchase Agreement (Double-Take Software, Inc.)

SEVERABLE COVENANTS. The Parties intend that the covenants in Section 8.1 SECTION 7.1 will be construed as a series of separate covenants, each consisting of the covenants in Section 8.1 SECTION 7.1 for each of the Locations. Except for the Locations, all such separate covenants will be deemed identical. The Parties desire and intend that this Agreement be enforced to the fullest extent permissible under the Laws and public policies applied in each jurisdiction in which enforcement is sought. If any particular provision of Section 8.1SECTION 7.1, 8.2 7.2 or 8.3 7.3 is adjudicated to be invalid or unenforceable, (a) each of the Parties agrees that if such provisions would be valid or enforceable if some part or parts of them were deleted or the period or area of application reduced, the applicable restriction will apply with the modifications necessary to make it valid and enforceable, and (b) such adjudication will apply only with respect to the operation of this Agreement in the particular jurisdiction in which the adjudication is made, and the unenforceable covenant will be eliminated from this Agreement to the extent necessary to permit the remaining separate covenants (or portions of them) to be enforced.

Appears in 1 contract

Samples: Merger Agreement (Memberworks Inc)

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SEVERABLE COVENANTS. The Parties parties intend that the covenants in Section 8.1 SECTION 4.2 will be construed as a series of separate covenants, each consisting of the covenants in Section 8.1 SECTION 4.2 for each of the Locations. Except for the Locations, all such separate covenants will be deemed identical. The Parties parties desire and intend that this Agreement be enforced to the fullest extent permissible under the Laws and public policies applied in each jurisdiction in which enforcement is sought. If any particular provision of Section 8.1, 8.2 or 8.3 SECTION 4.2 is adjudicated to be invalid or unenforceable, (a) each of the Parties parties agrees that if such provisions would be valid or enforceable if some part or parts of them were deleted or the period or area of application reduced, the applicable restriction will apply with the modifications necessary to make it valid and enforceable, and (b) such adjudication will apply only with respect to the operation of this Agreement in the particular jurisdiction in which the adjudication is made, and the unenforceable covenant will be eliminated from this Agreement to the extent necessary to permit the remaining separate covenants (or portions of them) to be enforced.

Appears in 1 contract

Samples: Acquisition Agreement (Internet Pictures Corp)

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