Saving Provision. The Parties agree and stipulate that the agreements contained in this Section are fair and reasonable in light of all of the facts and circumstances of their relationship; however, the Parties are aware that in certain circumstances courts have refused to enforce certain agreements. Therefore, in furtherance of and not in derogation of the provisions of the preceding paragraph the parties agree that in the event a court should decline to enforce the provisions of the preceding paragraph, that paragraph shall be deemed to be modified to restrict non-enforcing Party’s rights under this Agreement to the maximum extent, in both time and geography, which the court shall find enforceable.
Appears in 13 contracts
Samples: Intellectual Property License Agreement (Lexaria Bioscience Corp.), Intellectual Property License Agreement (Lexaria Bioscience Corp.), Intellectual Property License Agreement (Lexaria Bioscience Corp.)
Saving Provision. The Parties agree and stipulate that the agreements contained in this Section section are fair and reasonable in light of all of the facts and circumstances of their relationship; however, the Parties are aware that in certain circumstances courts have refused to enforce certain agreements. Therefore, in furtherance of and not in derogation of the provisions of the preceding paragraph the parties agree that in the event a court should decline to enforce the provisions of the preceding paragraph, that paragraph shall be deemed to be modified to restrict non-enforcing Party’s rights under this Agreement to the maximum extent, in both time and geography, which the court shall find enforceable.
Appears in 4 contracts
Samples: Intellectual Property License Agreement (Lexaria Bioscience Corp.), Intellectual Property License Agreement (Lexaria Bioscience Corp.), Asset Purchase Agreement (Lexaria Bioscience Corp.)
