JUDICIAL CONSTRUCTION. Employee believes and acknowledges that the provisions contained in this Agreement, including the covenants contained in Articles 8 and 9 of this Agreement, are fair and reasonable. Nonetheless, it is agreed that if a court finds any of these provisions to be invalid in whole or in part under the laws of any state, such finding shall not invalidate the covenants, nor the Agreement in its entirety, but rather the covenants shall be construed and/or blue-lined, reformed or rewritten by the court as if the most restrictive covenants permissible under applicable law were contained herein.
JUDICIAL CONSTRUCTION. Executive and the Company agree that, if the period of time or the scope of this Covenant Not to Compete shall be adjudged unreasonably overbroad in any court proceeding, then the period of time and/or scope shall be modified accordingly, so that this covenant may be enforced with respect to such services or geographic areas and during such period of time as is judged by the court to be reasonable.
JUDICIAL CONSTRUCTION. 9.1 Executive believes and acknowledges that the provisions contained in this Agreement, including without limitation the provisions contained in Section 5.1 and Articles 7, and 8 of this Agreement, are fair and reasonable and necessary to protect the Company’s legitimate interests. Nonetheless, it is agreed that if a court finds any of these provisions to be invalid in whole or in part, such finding shall not invalidate any such provision, nor the Agreement, in its entirety, but rather the provision in question shall be construed, blue-lined, reformed, rewritten, and/or equitably modified by the court as if the most restrictive covenants permissible under applicable law were contained herein.
JUDICIAL CONSTRUCTION. The Trustees may take any legal action or commence any proceeding they deem necessary to settle their accounts or to obtain a judicial determination or declaratory judgment as to any question of construction of this Trust Agreement or any Benefit Plan or for instruction as to any action thereunder. Any such determination shall be binding upon all parties to or claiming under the Trust Agreement or any Benefit Plan.
JUDICIAL CONSTRUCTION. 8.1 Executive believes and acknowledges that the provisions contained in this Agreement, including the covenants contained in Articles 6 and 7 of this Agreement, are fair and reasonable. Nonetheless, it is agreed that if a court finds any of these provisions to be invalid in whole or in part, such finding shall not invalidate the covenants, nor the Agreement in its entirety, but rather the covenants shall be construed and/or bluelined, reformed or rewritten by the court as if the most restrictive covenants permissible under applicable law were contained herein.
JUDICIAL CONSTRUCTION. Should any provision of the Lease, this Addendum, and/or any documents executed in connection therewith require judicial or other interpretation or construction, it is agreed that the court or fact finder interpreting or construing same shall not apply a presumption that the terms shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who through itself or through its agents prepared the document. It is acknowledged and agreed that the agents and attorneys of the undersigned have participated in the preparation and negotiation of the Lease, this Addendum and any documents executed in connection therewith.
JUDICIAL CONSTRUCTION. The Parties agree that judicial construction and interpretation of this Agreement shall be made as though this Agreement were mutually drafted by both Parties; and shall not – on the basis of drafting – be construed in favor of or against a particular Party hereto.
JUDICIAL CONSTRUCTION. If for any reason any court of competent jurisdiction shall find the provisions of Section 9 of this Agreement unreasonable in scope or duration, the Executive and the Company agree that the restrictions and limitations contained in Section 9 shall be construed by the court so that they are effective and enforceable to the fullest extent allowed or allowable under the applicable law of any such jurisdiction. It is further agreed by the Executive and the Company that any judicial restraints ordered by any such court in respect of the restrictions and limitations imposed by Section 9 of this Agreement shall be applicable and effective only with respect to the particular jurisdiction in which such order is made.
JUDICIAL CONSTRUCTION. 8.1 Executive believes and acknowledges that the provisions contained in this Agreement, including the covenants contained in Articles 6 and 7 of this Agreement, are fair and reasonable. Nonetheless, it is agreed that if a court finds any of these provisions to be invalid in whole or in part under the laws of any state, such finding shall not invalidate the covenants, nor the Agreement in its entirety, but rather the covenants shall be construed and/or bluelined, reformed or rewritten by the court as if the most restrictive covenants permissible under applicable law were contained herein. Furthermore, the parties specifically acknowledge that the covenant not to compete and covenant not to disclose confidential information, as set forth in Sections 6 and 7, are separate and independent agreements.
JUDICIAL CONSTRUCTION. The parties expressly agree that, although they consider the restrictions contained in Sections 4,5 and 6 of this Agreement to be reasonable for the purposes of preserving the Company’s business, if a final judicial determination is made by a court having jurisdiction to the effect that any restriction contained therein is an unreasonable or otherwise unenforceable restriction against the Consultant by reason of the duration, geographical area or scope of activities proscribed, the provisions of those Sections shall not be rendered void, but shall be deemed amended to the extent as such court may judicially determine or indicate to be reasonable and enforceable, and the parties hereby request such court to modify such restrictions to the extent necessary in order to enable such restrictions to be and remain valid and enforceable.
