Interpretation of Covenants. It is the desire and intent of the parties hereto that the provisions of this Agreement shall be enforced to the fullest extent legally permissible. Accordingly, if any particular provision of this Agreement shall be adjudicated to be invalid or unenforceable, the court may modify or sever such provision and such modification or deletion shall apply only with respect to the operation of such provision in the particular jurisdiction in which such adjudication is made. In addition, if any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be constructed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. The remaining provisions of this Agreement shall remain in full force and effect.
Interpretation of Covenants. Any obligation on the Proprietor and/or the Consultant not to do and/or not to omit anything shall include an obligation not to permit or suffer that thing to be done or omitted.
Interpretation of Covenants. In Sections 6.06 through 6.19, the various permitted transactions provided in the subsections to each Section are cumulative and not exclusive of each other. The Company and its Subsidiaries may decide in their reasonable discretion which of the various applicable subsections shall apply to a particular transaction.
Interpretation of Covenants. In the event that any covenant or the provisions of any covenant or restriction in this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction for any reason, including, but not limited to, the duration or scope thereof, such invalidity or unenforceability shall attach only to the specific covenant or provision determined to be unenforceable and the remaining covenants or provisions of the specific covenant shall remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Officer and the Company intend that each of the covenants shall be deemed to be a series of separate covenants, one for each and every county of each and every state of the United States of America, and one for each and every political subdivision of each and every other country where the covenants shall be effective.
Interpretation of Covenants. Prior to accepting other employment or any other service relationship during the Noncompetition Restricted Period, the Executive shall provide a copy of this Article 5 to any recruiter who assists the Executive in obtaining other employment or any other service relationship and to any employer or other Person with which the Executive discusses potential employment or any other service relationship. In the event the terms of this Article 5 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its extending for too great a period of time or over too great a geographical area or by reason of its being too extensive in any other respect, it will be interpreted to extend only over the maximum period of time for which it may be enforceable, over the maximum geographical area as to which it may be enforceable, or to the maximum extent in all other respects as to which it may be enforceable, all as determined by such court in such action. Any breach or violation by the Executive of the provisions of this Article 5 shall toll the running of any time periods set forth in this Article 5 for the duration of any such breach or violation. As used in this Article 5, the term “Company” shall mean Sunnova Energy International Inc., its predecessors or successor, related entities and any of its direct or indirect subsidiaries.
Interpretation of Covenants. The parties to this AGREEMENT acknowledge and agree that the duration and area for which the covenant not to compete and the covenant not to solicit are to be effective are fair and reasonable and are reasonably required for the protection of the business of the EMPLOYER. In the event that any court determines that the time period or the area, or both of them, are unreasonable as to any covenant and that such covenant is to that extent unenforceable, the parties hereto agree that the covenant shall remain in full force and effect for the greatest time period and in the greatest area that would not render it unenforceable. The parties intend that each covenant shall be deemed to be a series of separate covenants, one for each and every county of each and every state of the United States of America and one for each and every political subdivision of each and every other country in which the covenant not to compete or other covenant is intended to be effective and is not proscribed by law.
Interpretation of Covenants. Any covenant by the Tenant not to do or omit anything shall be construed as though the covenant was in addition a covenant not to permit or suffer to be done or omitted that thing.
Interpretation of Covenants. In the event that any covenant or the provisions of any covenant or restriction in this Agreement or Addendum shall be held invalid or unenforceable by a court of competent jurisdiction for any reason, including, but not limited to, the duration or scope thereof, such invalidity or unenforceability shall attach only to the specific covenant or provision determined to be unenforceable and the remaining covenants or provisions of the specific covenant shall remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Officer and the Company intend that each of the covenants shall be deemed to be a series of separate covenants, one for each and every county of each and every state of the United States of America, and one for each and every political subdivision of each and every other country where the covenants shall be effective. In the event of any inconsistency between the covenant or the provisions of any covenant or restriction in this Addendum and the terms of the Agreement, the covenants, provisions and restriction of this Addendum shall control.
Interpretation of Covenants. Each of the covenants in Sections 6 through 10 are to be construed as independent of any other covenants or other provisions of this Agreement. If any court of competent jurisdiction at any time deems the Restricted Period unreasonably lengthy or any of the covenants set forth in Sections 6 through 10 (or any of the provisions of this Agreement in general) not fully enforceable, the other provisions of Sections 6 through 10, and this Agreement in general, shall nevertheless stand and to the full extent consistent with law continue in full force and effect, and it is the intention and desire of the parties that such court treat any provisions of this Agreement which are not fully enforceable as having been modified to the extent deemed necessary by the court to render them reasonable and enforceable and that the court enforce them to such extent (for example, that the Restricted Period be deemed to be the longest period permissible by law, but not in excess of the length provided for in Section 7). In the event the Employee breaches any of the covenants of Sections 7 or 8, the Restricted Period for any such covenant shall be extended by that amount of time in which the Employee is in breach of said covenant.
Interpretation of Covenants. Each of the covenants in this Section 16 shall be construed as independent of any other covenants or other provisions of this Agreement. If any court of competent jurisdiction at any time deems the Restricted Period unreasonably lengthy, or the Restricted Area unreasonably extensive, or any of the covenants set forth in this Section 16 not fully enforceable, the other provisions of this Section 16, and this Agreement in general, will nevertheless stand and to the fullest extent consistent with law continue in full force and effect, and it is the intention and desire of the parties that the court treat any provisions of this Agreement which are not fully enforceable as having been modified to the extent deemed necessary by the court to render them reasonable and enforceable and that the court enforce them to such extent (for example, that the Restricted Period be deemed to be the longest period permissible by law, but not in excess of the length provided for in this Section 16, and the Restricted Area be deemed to comprise the largest territory permissible by law under the circumstances, but not larger than the Restricted Area set forth in this Section 16). In the event the Executive breaches any of the covenants in this Section 16, the Restricted Period for any such covenant shall be extended by that amount of time in which the Executive is in breach of said covenant.
