Common use of Enforceability; Jurisdictions Clause in Contracts

Enforceability; Jurisdictions. The Company and the Executive intend to and hereby confer jurisdiction to enforce the Restrictive Covenants upon the courts of any jurisdiction within the geographical scope of the Restrictive Covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants wholly unenforceable by reason of breadth of scope or otherwise it is the intention of the Company and the Executive that such determination not bar or in any way affect the Company’s right, or the right of any of its affiliates, to the relief provided above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenants, as to breaches of such Restrictive Covenants in such other respective jurisdictions, such Restrictive Covenants as they relate to each jurisdiction’s being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata.

Appears in 13 contracts

Samples: Employment Agreement (Kite Realty Group Trust), Employment Agreement (Republic Property Trust), Employment Agreement (Kite Realty Group Trust)

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Enforceability; Jurisdictions. The Company and the Executive intend to and hereby confer jurisdiction to enforce the Restrictive Covenants restrictive covenants set forth in Section 7 upon the courts of any jurisdiction within the geographical scope of the Restrictive Covenantssuch restrictive covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants such restrictive covenants wholly unenforceable by reason of breadth of scope or otherwise it is the intention of the Company and the Executive that such determination not bar or in any way affect the Company’s 's right, or the right of any of its affiliates, to the relief provided above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenantsrestrictive covenants, as to breaches of such Restrictive Covenants restrictive covenants in such other respective jurisdictions, such Restrictive Covenants restrictive covenants as they relate to each jurisdiction’s 's being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata.

Appears in 4 contracts

Samples: Nick Fletcher Employment Agreement (American Barge Line Co), Jerry Linzey Employment Agreement (Acl Finance Corp), Employment Agreement (American Barge Line Co)

Enforceability; Jurisdictions. The Company and the Executive Employee intend to and hereby confer jurisdiction to enforce the Restrictive Covenants upon the courts of any jurisdiction within the geographical scope of the Restrictive Covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants wholly unenforceable by reason of breadth of scope or otherwise otherwise, it is the intention of the Company and the Executive Employee that such determination not bar or in any way affect the Company’s right, or the 's right of any of its affiliates, to the relief provided above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenants, as to breaches of such Restrictive Covenants in such other respective jurisdictions, such Restrictive Covenants as they relate to each jurisdiction’s jurisdiction being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata.

Appears in 2 contracts

Samples: Employment Agreement (Cogentrix Delaware Holdings Inc), Employment Agreement (Cogentrix Energy Inc)

Enforceability; Jurisdictions. The Company and the Executive intend to and hereby confer jurisdiction to enforce the Restrictive Covenants upon the courts of any jurisdiction within the geographical scope of the Restrictive Covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants wholly unenforceable by reason of breadth of scope or otherwise it is the intention of the Company and the Executive that such determination not bar or in any way affect the Company’s right, or the right of any of its affiliates, to the relief provided above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenants, as to breaches of such Restrictive Covenants in such other respective jurisdictions, such Restrictive Covenants as they relate to each jurisdiction’s being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata.res

Appears in 1 contract

Samples: Employment Agreement (Commercial Net Lease Realty Inc)

Enforceability; Jurisdictions. The Company and the Executive intend to and hereby confer jurisdiction to enforce the Restrictive Covenants restrictive covenants set forth in Section 7 upon the courts of any jurisdiction within the geographical scope of the Restrictive Covenantssuch restrictive covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants such restrictive covenants wholly unenforceable by reason of breadth of scope or otherwise it is the intention of the Company and the Executive that such determination not bar or in any way affect the Company’s 's right, or the right of any of its affiliates, to the relief provided above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenantsrestrictive covenants, as to breaches of such Restrictive Covenants restrictive EXECUTION COPY covenants in such other respective jurisdictions, such Restrictive Covenants restrictive covenants as they relate to each jurisdiction’s 's being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata.

Appears in 1 contract

Samples: Holden Employment Agreement (American Barge Line Co)

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Enforceability; Jurisdictions. The Company and the Executive Employee intend to and hereby confer jurisdiction to enforce the Restrictive Covenants upon the courts of any jurisdiction within the geographical scope of the Restrictive Covenants. If the courts of any one or more of such jurisdictions jurisdiction hold the Restrictive Covenants wholly unenforceable by reason of breadth of scope or otherwise otherwise, it is the intention of the Company and the Executive Employee that such determination not bar or in any way affect the Company’s right, or the 's right of any of its affiliates, to the relief provided above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenants, as to breaches of such Restrictive Covenants in such other respective jurisdictions, such Restrictive Covenants as they relate to each jurisdiction’s jurisdictions being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata.

Appears in 1 contract

Samples: Employment Agreement (Odd Job Stores Inc)

Enforceability; Jurisdictions. The Company and the Executive intend to and hereby confer jurisdiction to enforce the Restrictive Covenants restrictive covenants set forth in Section 7 upon the courts of any jurisdiction within the geographical scope of the Restrictive Covenantssuch restrictive covenants. If the courts of any one or more of such jurisdictions hold the Restrictive Covenants such restrictive covenants wholly unenforceable by reason of breadth of scope or otherwise it is the intention of the Company and the Executive that such determination not bar or in any way affect the Company’s 's right, or the right of any of its affiliates, to the relief provided above in the courts of any other jurisdiction within the geographical scope of such Restrictive Covenantsrestrictive covenants, as to breaches of such Restrictive Covenants restrictive covenants in such other respective jurisdictions, such Restrictive Covenants restrictive covenants as they relate to each jurisdiction’s 's being, for this purpose, severable, diverse and independent covenants, subject, where appropriate, to the doctrine of res judicata.

Appears in 1 contract

Samples: Employment Agreement (American Barge Line Co)

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