Blue Pencil. If, at any time, the provisions of this Section 9 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 7 contracts
Samples: Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Advantage Insurance Inc.), Employment Agreement (Greenlight Capital Re, Ltd.)
Blue Pencil. If, at any time, the provisions of this Section 9 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer Company agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 5 contracts
Samples: Employment Agreement (YRC Worldwide Inc.), Employment Agreement (YRC Worldwide Inc.), Employment Agreement (YRC Worldwide Inc.)
Blue Pencil. If, at any time, the provisions of this Section 9 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter matter, and Executive and the Employer Company agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 5 contracts
Samples: And Restated Employment Agreement (Exide Technologies), And Restated Employment Agreement (Exide Technologies), Employment Agreement (Exide Technologies)
Blue Pencil. If, at any time, the provisions of this Section 9 shall be determined to be invalid or unenforceable under any applicable lawunenforceable, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement Section 9 shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer agree Employee agrees that this Agreement Section 9 as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 5 contracts
Samples: Employment Agreement (Portfolio Recovery Associates Inc), Employment Agreement (Portfolio Recovery Associates Inc), Employment Agreement (Portfolio Recovery Associates Inc)
Blue Pencil. If, at any time, the provisions of this Section 9 8 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer Company agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 4 contracts
Samples: Employment Agreement (Horizon PCS Inc), Employment Agreement (Horizon Personal Communications Inc), Employment Agreement (Horizon Personal Communications Inc)
Blue Pencil. If, at any time, the provisions of this Section 9 7 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter matter, and Executive and the Employer Managing General Partner agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 3 contracts
Samples: Employment Agreement (Regency Energy Partners LP), Employment Agreement (Regency Energy Partners LP), Employment Agreement (Regency Energy Partners LP)
Blue Pencil. If, at any time, the provisions of this Section 9 10 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer Company agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 3 contracts
Samples: Employment Agreement (Aventine Renewable Energy Holdings Inc), Employment Agreement (Aventine Renewable Energy Holdings Inc), Employment Agreement (Aventine Renewable Energy Holdings Inc)
Blue Pencil. If, at any time, the provisions of this Section 9 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer Company and Parent agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 2 contracts
Samples: Employment Agreement (Greenlight Capital Re, Ltd.), Employment Agreement (Greenlight Capital Re, Ltd.)
Blue Pencil. If, at any time, the provisions of this Section 9 7 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive Employee and the Employer Company agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 2 contracts
Samples: Employment Agreement (Pacific Drilling S.A.), Employment Agreement (Pacific Drilling S.A.)
Blue Pencil. If, at any time, the provisions of this Section 9 11 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer Company agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 2 contracts
Samples: Employment Agreement (Aventine Renewable Energy Holdings Inc), Employment Agreement (Aventine Renewable Energy Holdings Inc)
Blue Pencil. If, at any time, the provisions of this Section 9 7 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body tribunal having jurisdiction over the matter and Executive and the Employer Company agree that this Agreement Agreement, as so amended amended, shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 2 contracts
Samples: Employment Agreement (Customer Acquisition Network Holdings, Inc.), Employment Agreement (Customer Acquisition Network Holdings, Inc.)
Blue Pencil. If, at any time, the provisions of this Section 9 7 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer Corporation agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 1 contract
Samples: Control Severance Agreement (Kaiser Aluminum & Chemical Corp)
Blue Pencil. If, at any time, the provisions of this Section 9 8 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer Corporation agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 1 contract
Samples: Control Severance Agreement (Kaiser Aluminum & Chemical Corp)
Blue Pencil. If, at any time, the provisions of this Section 9 7 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and Employee, the Employer agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 1 contract
Samples: General Release and Separation Agreement (YRC Worldwide Inc.)
Blue Pencil. If, at any time, the provisions of this Section 9 11 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive the Participant and the Employer Company agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 1 contract
Blue Pencil. If, at any time, the provisions of ----------- this Section 9 7 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and the Executive and the Employer Company agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 1 contract
Samples: Agreement (Solutia Inc)
Blue Pencil. If, at any time, the provisions of this Section 9 8 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body tribunal having jurisdiction over the matter and Executive and the Employer Company agree that this Agreement Agreement, as so amended amended, shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 1 contract
Samples: Employment Agreement (Customer Acquisition Network Holdings, Inc.)
Blue Pencil. If, at any time, the provisions of this Section 9 shall be determined to be invalid or unenforceable under any applicable law, by reason of being vague or unreasonable as to area, duration or scope of activity, this Agreement shall be considered divisible and shall become and be immediately amended to only such area, duration and scope of activity as shall be determined to be reasonable and enforceable by the court or other body having jurisdiction over the matter and Executive and the Employer Company and the Parent agree that this Agreement as so amended shall be valid and binding as though any invalid or unenforceable provision had not been included herein.
Appears in 1 contract
