Common use of BLUE LINING Clause in Contracts

BLUE LINING. a. If any of the provisions of this Agreement relating to time, geographical area, services, products, devices and/or information are deemed by a court of competent jurisdiction to be overly broad or for any other reason unenforceable, the parties agree that such restrictions herein as to time, geographical area, services products, devices and/or information shall be reduced to such time, geographical area, services, products, devices and/or information as such court shall hold to be reasonable and legally enforceable. In addition, if any court determines that any of the restrictive covenants contained in this Agreement 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. b. The Obligor acknowledges that KDTI, the Company and the Obligor intend to and hereby confer jurisdiction to enforce the covenants contained in this Agreement upon the courts of any state within the geographical scope of such covenants. In the event that the courts of one or more of such states shall hold such covenants wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the right of any of the KDTI Companies to the relief provided above in the courts of any other states within the geographical scope of such covenants, as to breaches of such covenants in such other respective states, the above covenants as they

Appears in 2 contracts

Sources: Non Competition Agreement (Katz Digital Technologies Inc), Non Competition Agreement (Katz Digital Technologies Inc)

BLUE LINING. a. If any of the provisions of this Agreement relating to time, geographical area, services, services products, devices and/or information are deemed by a court of competent jurisdiction to be overly broad or for any other reason unenforceable, the parties agree that such restrictions herein as to time, geographical area, services services, products, devices and/or information shall be reduced to such time, geographical area, services, products, devices and/or information as such court shall hold to be reasonable and legally enforceable. In addition, if any court determines that any of the restrictive covenants contained in this Agreement 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. b. i. The Obligor Employee acknowledges that KDTIthe business of the KDTI Companies extends beyond the geographic area of the State of New York and accordingly, it is reasonable that the restrictive covenants set forth below are not limited by specific geographic area but by the location of the Customers. The Employee further acknowledges that the Company and the Obligor Employee intend to and hereby confer jurisdiction to enforce the covenants contained in this Agreement upon the courts of any state within the geographical scope of such covenants. In the event that the courts of one or more of such states shall hold such covenants wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the right of any of the KDTI Companies to the relief provided above in the courts of any other states within the geographical scope of such covenants, as to breaches of such covenants in such other respective states, the above covenants as theythey relate to each state being, for this purpose, severable into diverse and independent

Appears in 2 contracts

Sources: Employment Agreement (Katz Digital Technologies Inc), Employment Agreement (Katz Digital Technologies Inc)

BLUE LINING. a. If any of the provisions of this Agreement relating to time, geographical area, services, services products, devices and/or information are deemed by a court of competent jurisdiction to be overly broad or for any other reason unenforceable, the parties agree that such restrictions herein as to time, geographical area, services services, products, devices and/or information shall be reduced to such time, geographical area, services, products, devices and/or information as such court shall hold to be reasonable and legally enforceable. In addition, if any court determines that any of the restrictive covenants contained in this Agreement 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. b. . The Obligor Employee acknowledges that KDTIthe business of the KDTI Companies extends beyond the geographic area of the State of New York and accordingly, it is reasonable that the restrictive covenants set forth above are not limited by specific geographic area but by the location of the Customers. The Employee further acknowledges that the Company and the Obligor Employee intend to and hereby confer jurisdiction to enforce the covenants contained in this Agreement upon the courts of any state within the geographical scope of such covenants. In the event that the courts of one or more of such states shall hold such covenants wholly unenforceable by reason of the breadth of such scope or otherwise, it is the intention of the parties hereto that such determination not bar or in any way affect the right of any of the KDTI Companies to the relief provided above in the courts of any other states within the geographical scope of such covenants, as to breaches of such covenants in such other respective states, the above covenants as theythey relate to each state being, for this purpose, severable into diverse and independent 107

Appears in 1 contract

Sources: Asset Acquisition Agreement (Katz Digital Technologies Inc)