Common use of Judicial Reformation Clause in Contracts

Judicial Reformation. The Restricted Parties acknowledge that, given the nature of Purchasers and its Affiliates’ business, the covenants contained in this Section 3.8 establish reasonable limitations as to time, geographic area and scope of activity to be restrained and do not impose a greater restraint than is reasonably necessary to protect and preserve the goodwill of Purchasers and its Affiliates’ business and to protect their legitimate business interests. If, however, this Section 3.8 is determined by any court of competent jurisdiction or any arbitrator to be unenforceable by reason of it extending for too long a period of time or over too large a geographic area or by reason of it being too extensive in any other respect or for any other reason, it will be interpreted to extend only over the longest period of time for which it may be enforceable and/or over the largest geographic area as to which it may be enforceable and/or to the maximum extent in all other aspects as to which it may be enforceable, all as determined by such court or arbitrator.

Appears in 1 contract

Sources: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)

Judicial Reformation. The Restricted Parties acknowledge that, given the nature of Purchasers Purchaser and its Affiliates’ business, the covenants contained in this Section 3.8 Article 3.7 establish reasonable limitations as to time, geographic area and scope of activity to be restrained and do not impose a greater restraint than is reasonably necessary to protect and preserve the goodwill of Purchasers Purchaser and its Affiliates’ business and to protect their legitimate business interests. If, however, this Section 3.8 Article 3.7 is determined by any court of competent jurisdiction or any arbitrator to be unenforceable by reason of it extending for too long a period of time or over too large a geographic area or by reason of it being too extensive in any other respect or for any other reason, it will be interpreted to extend only over the longest period of time for which it may be enforceable and/or over the largest geographic area as to which it may be enforceable and/or to the maximum extent in all other aspects as to which it may be enforceable, all as determined by such court or arbitratorcourt.

Appears in 1 contract

Sources: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)