Equitable Tolling Clause Samples
The Equitable Tolling clause allows for the extension of statutory or contractual deadlines when extraordinary circumstances prevent a party from asserting their rights within the original time frame. In practice, this means that if a party was unable to meet a deadline due to factors beyond their control—such as fraud, concealment, or other significant obstacles—the time period for taking legal action may be paused or extended. This clause ensures fairness by preventing strict deadlines from unjustly barring legitimate claims, thereby addressing situations where rigid enforcement of time limits would result in inequity.
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Equitable Tolling. The restrictive time periods referred to in Sections 4.2 and 4.3 shall be tolled and extended by one month for each month or portion of each month during which Employee is in violation of the restrictions. If Company initiates legal action to enforce the restrictions and obtains an injunction against Employee; then the appropriate restrictive time period(s) will begin to run on the date that the injunction is entered.
Equitable Tolling. If the Professional Company breaches any covenant in this Article VI, then the duration of such covenant will be tolled for a period of time equal to the time of such breach.
Equitable Tolling. The Noncompete Term shall be tolled and extended by one month for each month or portion of each month during which Executive is in violation of any covenant. If the Company initiates legal action to enforce the restrictions and obtains an injunction against Executive, then the appropriate Noncompete Term will begin to run on the date that the injunction is entered.
Equitable Tolling. The Restriction Period shall be tolled and extended by one month for each month or portion of each month during which Employee is in violation of any provisions contained in this Agreement. If the Company initiates legal action to enforce the restrictions and obtains an injunction against Employee, then the appropriate Restricted Period will begin to run on the date that the injunction is entered.
Equitable Tolling. The restrictive time periods referred to in Sections 4.2 and 4.3 shall be tolled and extended by one month for each month or portion of each month
Equitable Tolling. Subject to the terms of Sections 19 and 20, the Executive acknowledges and agrees that the period applicable to the covenants set forth in Sections 19 and 20 shall be automatically extended by any length of time during which the Executive is in breach of the corresponding covenant, and the provisions of this Agreement shall continue in full force and effect through the duration of the extended period(s).
Equitable Tolling. Notwithstanding any the foregoing, in the event the validity or enforceability of any of the restrictions contained in Section 5.7 or Section 5.8 becomes the subject matter of a legal action, the Restrictive Period set forth herein shall be tolled during the pendency of such legal action and shall restart upon the issuance of an order or judgment by a court of competent jurisdiction enforcing the terms of this Agreement or upon dismissal of such legal action.
Equitable Tolling. The terms contained in Paragraph (i) - (ii) above shall be tolled and extended by one month for each month or portion of each month during which you are in violation of any covenant. If Purdue Global initiates legal action to enforce the restrictions and obtains an injunction against you, then the appropriate term will begin to run on the date that the injunction is entered.
