Court’s Right to Modify Restrictions. The parties have attempted to limit Employee’s activities only to the extent necessary to protect Trade Secrets, Confidential Information, customer relationships, as well as Third Party Information. The parties agree that, if the scope or enforceability of this Agreement, or any part thereof, is in any way disputed at any time, a court or other trier of fact may modify and enforce the paragraph to the extent it believes to be reasonable under the applicable law and circumstances.
Court’s Right to Modify Restrictions. The parties have attempted to limit Executive’s activities only to the extent necessary to protect the Company’s Trade Secrets. The parties agree that, if the scope or enforceability of this Agreement, or any part thereof, is in any way disputed at any time, a court or other trier of fact may modify and enforce the paragraph to the extent it believes to be reasonable under the applicable law and circumstances.
Court’s Right to Modify Restrictions. The parties have attempted to limit Employee’s activities only to the extent necessary to protect ADE from unfair competition. The parties recognize, however, that reasonable people may differ in-making such a determination. Consequently, the parties agree that, if the scope or enforceability of this Agreement is in any way disputed at any time, a court or other trier of fact may modify and enforce the Agreement to the extent it believes to be reasonable under the circumstances.
Court’s Right to Modify Restrictions. The parties have attempted to limit the Executive’s right to compete only to the extent necessary to protect the Capital One Group’s legitimate business interests. It is the intent of the parties that the provisions of this Agreement be enforced to the fullest extent permissible under the applicable law. The parties agree that if a court of competent jurisdiction adjudges any provision of this Agreement to be void, invalid or unenforceable, including without limitation the Non-Competition Covenant set forth in Section 6 hereof, such court shall modify such provision so that it is enforceable to the fullest extent permitted by applicable law.
Court’s Right to Modify Restrictions. The parties have attempted to limit the Executive's right to compete only to the extent necessary to protect iXL from unfair competition. The parties recognize, however, that reasonable people may differ in making such a determination. Consequently, the parties agree that, if the scope or enforceability of this Agreement is in any way disputed at any time, an arbitrator, court or other truer of fact may modify and enforce the Agreement to the extent it believes to be reasonable under the circumstances.
Court’s Right to Modify Restrictions. The parties acknowledge and agree that (i) each of the restrictive covenants contained in Sections 5 and 6 of this Agreement shall be construed as a separate covenant with respect to each geographic area and each activity to which it applies, (ii) if, in any judicial proceeding, a court shall deem any of the restrictive covenants invalid, illegal or unenforceable because its scope is considered excessive, such restrictive covenant shall be modified so that the scope of the restrictive covenant is reduced only to the minimum extent necessary to render the modified covenant valid, legal and enforceable, and (iii) if any restrictive covenant (or portion thereof) is deemed invalid, illegal or unenforceable in any jurisdiction, as to that jurisdiction such restrictive covenant (or portion thereof) shall be ineffective to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining restrictive covenants (or portion thereof) in such jurisdiction or rendering that or any other restrictive covenant (or portion thereof) invalid, illegal, or unenforceable in any other jurisdiction.
Court’s Right to Modify Restrictions. The parties have attempted to limit Employee’s right to compete only to the extent necessary to protect the Company in its legitimate business interests and from unfair competition. If the scope or enforceability of this Agreement is in any way disputed at any time, the Company and Employee agree that a court or other trier of fact may modify and enforce the Agreement to the extent it believes to be reasonable under the circumstances.
Court’s Right to Modify Restrictions. The parties agree that, if the scope or enforceability of this Agreement is in any way disputed at any time, an arbitrator, court or other tier of fact may modify and endorse the Agreement to the extent it believes to be reasonable under the circumstances.
