Common use of Blue Pencil Doctrine Clause in Contracts

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 4 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 4 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 2 contracts

Samples: Executive Severance Agreement (HMN Financial Inc), Executive Severance Agreement (HMN Financial Inc)

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Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 4 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 4 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 2 contracts

Samples: Executive Employment Agreement (Life Time Fitness Inc), Executive Employment Agreement (Life Time Fitness Inc)

Blue Pencil Doctrine. If the duration of, the scope of of, or any business activity covered by by, any provision of this Section 4 1 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall will be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Appointee hereby acknowledges that this Section 4 shall 1 will be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Unit Purchase Agreement (Soy Energy, LLC)

Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 4 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall will be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 4 shall will be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Restrictive Covenants Agreement (Tactile Systems Technology Inc)

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Blue Pencil Doctrine. If the duration of, the scope of or any business activity covered by any provision of this Section 4 5 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive EXECUTIVE hereby acknowledges that this Section 4 5 shall be given the construction that which renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Ceo Consultant Agreement (Rubber Research Elastomerics Inc)

Blue Pencil Doctrine. If the duration of, the scope of of, or any business activity covered by any provision of this Section 4 3 is determined by a court of competent jurisdiction to be in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive Xxxxxx hereby acknowledges that this Section 4 3 shall be given the construction that renders its provisions valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law.

Appears in 1 contract

Samples: Separation Agreement (Crocs, Inc.)

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