Common use of Reformation if Necessary Clause in Contracts

Reformation if Necessary. In the event a court of competent jurisdiction determines that the geographic area, duration, or scope of activity of any restriction under this section 9 and its subsections is unenforceable, the restrictions under this section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive further agrees that the court may reform this Agreement to extend the one-year period of this covenant not to compete by an amount of time equal to any period in which Executive is in breach of this covenant.

Appears in 17 contracts

Samples: Executive Employment Agreement (P F Changs China Bistro Inc), Executive Employment Agreement (P F Changs China Bistro Inc), Executive Employment Agreement (P F Changs China Bistro Inc)

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Reformation if Necessary. In the event a court of competent jurisdiction determines that the geographic area, duration, or scope of activity of any restriction under this section Section 9 and its subsections is unenforceable, the restrictions under this section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive further agrees that the court may reform this Agreement to extend the one-year period of this covenant not to compete Covenant Period by an amount of time equal to any period in which Executive is in breach of this covenant.

Appears in 17 contracts

Samples: Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc)

Reformation if Necessary. In the event a court of competent jurisdiction determines that the geographic area, duration, or scope of activity of any restriction under this section 9 Section 12 and its subsections is unenforceable, the restrictions under this section Section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive further agrees that the court may reform this Agreement to extend the one-year period of this covenant not to compete Covenant Period by an amount of time equal to any period in which Executive is in breach of this covenant.

Appears in 8 contracts

Samples: Executive Employment Agreement (Mobile Mini Inc), Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc)

Reformation if Necessary. In the event a court of competent jurisdiction determines that the geographic area, duration, or scope of activity of any restriction under this section Section 9 and its subsections is unenforceable, the restrictions under this section Section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive Employee further agrees that the court may reform this Agreement to extend the one-one (1) year period of this covenant not to compete by an amount of time equal to any period in which Executive Employee is in breach of this covenant.

Appears in 2 contracts

Samples: Employment Agreement (Cynosure Inc), Employment Agreement (Cynosure Inc)

Reformation if Necessary. In the event a court of competent jurisdiction determines that the geographic area, duration, or scope of activity of any restriction under this section 9 Section 11 and its subsections is unenforceable, the restrictions under this section Section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive further agrees that the court may reform this Agreement to extend the one-year period of this covenant not to compete Covenant Period by an amount of time equal to any period in which Executive is in breach of this covenant.

Appears in 1 contract

Samples: Executive Employment Agreement (Inventure Foods, Inc.)

Reformation if Necessary. In the event a court of competent jurisdiction determines that the geographic area, duration, or scope of activity of any restriction under this section Section 9 and its subsections is unenforceable, the restrictions under this section Section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive Employee further agrees that the court may reform this Agreement to extend the one-two (2) year period or one (1) year period of this covenant not to compete compete, whichever is applicable, by an amount of time equal to any period in which Executive Employee is in breach of this covenant.

Appears in 1 contract

Samples: Employment Agreement (Cynosure Inc)

Reformation if Necessary. In the event a court of competent jurisdiction determines that the geographic area, duration, or scope of activity of any restriction under this section Section 9 and its subsections is unenforceable, the restrictions under this section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive further agrees that the court may reform this Agreement to extend the oneinitial three-year period of this covenant not to compete Non-Compete Period by an amount of time equal to any period (during such Non-Compete Period) in which Executive is in breach of this covenanthis Promise to Refrain from Competing.

Appears in 1 contract

Samples: Employment Agreement (Multimedia Games Inc)

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Reformation if Necessary. In the event a court of competent jurisdiction determines a that the geographic area, duration, or scope of activity of any restriction under this section 9 10 and its is subsections is unenforceable, the restrictions under this section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive Employee further agrees that the court may reform this Agreement to extend the one-year period of this covenant not to compete by an any amount of time equal to any period in which Executive Employee is in breach of this covenant.

Appears in 1 contract

Samples: Employment Agreement (Zones Inc)

Reformation if Necessary. In the event a court of competent jurisdiction determines that the geographic area, duration, or scope of activity of any restriction under this section 9 Section 13 and its subsections is unenforceable, the restrictions under this section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive further agrees that the court may reform this Agreement to extend the one-year period of this covenant not to compete Covenant Period by an amount of time equal to any period in which Executive is in breach of this covenant.

Appears in 1 contract

Samples: Executive Employment Agreement (CreditCards.com, Inc.)

Reformation if Necessary. In the event a court of competent jurisdiction determines that the geographic area, duration, or scope of activity of any restriction under this section 9 Section 8 and its subsections is unenforceable, the restrictions under this section and its subsections shall not be terminated but shall be reformed and modified to the extent required to render them valid and enforceable. Executive further agrees that the court may reform this Agreement to extend the one-year period of this covenant not to compete by an amount of time equal to any period in which Executive is in breach of this covenant.

Appears in 1 contract

Samples: Employment Agreement (Kona Grill Inc)

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