Modification by Court. If any of the covenants contained in subsections 4.1, 4.2 and 4.3 above is determined to be unenforceable because of the duration of the covenant or the area covered by it, then the court or arbitrator making the determination shall have the power to reduce the duration of the covenant or the area covered by it, and the covenants, in their reduced form, will be enforceable.
Modification by Court. If any court or arbitrator determines that any post-employment restrictive covenant is unreasonable in any respect, you agree that the Court may modify any unreasonable terms and enforce the agreement as modified.
Modification by Court. If a court or other body of authority and competent jurisdiction determines that the covenants contained in this Article are unenforceable, in whole or in part, due to the duration or scope of the restrictions or limitations imposed therein or for any other reason, then the court is hereby authorized and directed to make such modifications thereto as are necessary to render said covenants enforceable to the maximum extent permitted under applicable law, that being the intention of the parties hereto.
Modification by Court. 25 This Agreement, and the Settlement, shall be null and void if the Court requires changes 26 to the Agreement that substantively alter the Parties’ rights or duties before approving the Settlement. Provided, however, that the Parties, in their sole discretion, can consent to modify DECLARATION OF XXXXX X. XXXXXX IN SUPPORT O1F8 MOTION DIRECTING NOTICE TO THE CLASS - 22 Case No. 3:17-cv-05771-RJB this Agreement, in accordance with Section 16.13 below, to be consistent with any modifications 1 requested or required by the Court.
Modification by Court. The parties hereto agree that in the event that either the length of time or the geographical area or any other provision set forth in Section 7 is deemed too restrictive in any court proceeding, the court may reduce such restrictions to the extent the court deems reasonable under the circumstances.
Modification by Court. If any court determines that any of the Restrictive Covenants, or any part thereof, is unenforceable because of the duration or geographical scope of such provision, such court will have the power to reduce the duration or scope of such provision, as the case may be (it being the intent of the parties hereto that any such reduction be limited to the minimum extent necessary to render such provision enforceable), and, in its reduced form, such provision will then be enforceable.
Modification by Court. It is expressly understood and agreed ----------------------- that Compaq and Executive consider the restrictions contained in this Article 8 to be reasonable and necessary for the purposes of preserving and protecting Compaq's Intellectual Property and other Confidential Information, business, and goodwill. Nevertheless, if any of the aforesaid restrictions are found by a Court having jurisdiction to be unreasonable or overbroad as to geographic area or time, or otherwise unenforceable, the parties intend for the restrictions set forth herein to be modified by such Court so as to be reasonable and enforceable and, as so modified by the Court, to be fully enforced. Compaq shall be entitled to enforce the provisions of this Article 8 by resorting to appropriate legal and equitable action.
Modification by Court. It is expressly understood and agreed that Employer and Executive consider the restrictions contained in this Section VI to be reasonable and necessary to protect the proprietary information of the Entergy System. Nevertheless, if any of the aforesaid restrictions are found by a court having jurisdiction to be unreasonable, or overly broad as to geographic area or time, or otherwise unenforceable, the parties intend for the restrictions therein set forth to be modified by such courts so as to be reasonable and enforceable and, as so modified by the court, to be fully enforced.
Modification by Court. If any of the restrictions contained in --------------------- Subsection (a) above is determined to be unenforceable because of the duration of such restrictions or the area covered thereby, then the court making the determination shall have the power to reduce the duration of such restrictions and/or the area covered thereby, and such restrictions, in their reduced form, shall be enforceable.
Modification by Court. If the scope of any provision of this Agreement is too broad to permit enforcement of the provision to its full extent, the parties agree that the provision shall be enforced to the maximum extent allowed by law and modified by a court of competent jurisdiction in any proceeding to enforce the provision.
