Common use of JUDICIAL CONSTRUCTION Clause in Contracts

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.

Appears in 2 contracts

Sources: Executive Employment Agreement (Christopher & Banks Corp), Executive Employment Agreement (Brauns Fashions Corp)