Common use of Severability; Blue Pencil Clause in Contracts

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive has had the opportunity to seek advice of counsel in connection with this Agreement and the restrictive covenants contained herein are reasonable in geographical scope temporal duration and in all other respects. If it is determined that any provision of this Section 6 is invalid or unenforceable, the remainder of the provisions of this Section 6 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 is unenforceable because of the duration or geographic scope, of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 10 contracts

Samples: Employment Agreement (Helius Medical Technologies, Inc.), Employment Agreement (Helius Medical Technologies, Inc.), Employment Agreement (Helius Medical Technologies, Inc.)

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Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive has had the opportunity to seek advice of counsel in connection with this the Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration duration, and in all other respects. If it is determined that any provision of this Section 6 10 is invalid or unenforceable, the remainder of the provisions of this Section 6 10 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 10 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 9 contracts

Samples: Employment Agreement (Cadence Bancorporation), Employment Agreement (Cadence Bancorporation), Employment Agreement (Cadence Bancorporation)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive he has had the opportunity to seek advice of counsel in connection with this Agreement and the restrictive covenants contained herein are reasonable in geographical scope temporal duration and in all other respects. If it is determined that any provision of this Section 6 10 is invalid or unenforceable, the remainder of the provisions of this Section 6 10 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 10 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced formfor, such provision shall be enforced.

Appears in 9 contracts

Samples: Agreement (Capital Bank Financial Corp.), Agreement (Capital Bank Financial Corp.), Agreement (Capital Bank Financial Corp.)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive has had the opportunity to seek advice of counsel in connection with this Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration and in all other respects. If it is determined that any provision of this Section 6 is invalid or unenforceable, the remainder of the provisions of this Section 6 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 6 contracts

Samples: Employment Agreement (NeuroBo Pharmaceuticals, Inc.), Employment Agreement (Ocuphire Pharma, Inc.), Employment Agreement (NeuroBo Pharmaceuticals, Inc.)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive has had the opportunity to seek advice of counsel in connection with this Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration and in all other respects. If it is determined that any provision of this Section 6 is invalid or unenforceable, the remainder of the provisions of this Section 6 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 is unenforceable because of the duration or geographic scope, of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 6 contracts

Samples: Employment Agreement (Ocuphire Pharma, Inc.), Employment Agreement (NeuroBo Pharmaceuticals, Inc.), Employment Agreement (Ocuphire Pharma, Inc.)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive has had the opportunity to seek advice of counsel in connection with this Agreement and the restrictive covenants contained herein are reasonable in geographical scope temporal duration and in all other respects. If it is determined that any provision of this Section 6 is invalid or unenforceable, the remainder of the provisions of this Section 6 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 5 contracts

Samples: Executive Employment Agreement (CHF Solutions, Inc.), Employment Agreement (Brain Scientific Inc.), Employment Agreement (Twinlab Consolidated Holdings, Inc.)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive he has had the opportunity to seek advice of counsel in connection with this the Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration and in all other respects. If it is determined that any provision of this Section 6 10 is invalid or unenforceable, the remainder of the provisions of this Section 6 10 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenant or covenants in this Section 6 10 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 4 contracts

Samples: Employment Agreement (NMI Holdings, Inc.), Employment Agreement (NMI Holdings, Inc.), Employment Agreement (NMI Holdings, Inc.)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive he has had the opportunity to seek advice of counsel in connection with this the Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration duration, and in all other respects. If it is determined that any provision of this Section 6 10 is invalid or unenforceable, the remainder of the provisions of this Section 6 10 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 10 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced formfor, such provision shall be enforced.

Appears in 3 contracts

Samples: Employment Agreement (National Bank Holdings Corp), Employment Agreement (National Bank Holdings Corp), Employment Agreement (National Bank Holdings Corp)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive he has had the opportunity to seek advice of counsel in connection with this the Agreement and the restrictive covenants contained herein are reasonable in geographical scope temporal duration and in all other respects. If it is determined that any provision of this Section 6 10 is invalid or unenforceable, the remainder of the provisions of this Section 6 10 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 10 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced formfor, such provision shall be enforced.

Appears in 3 contracts

Samples: Employment Agreement (National Bank Holdings Corp), Employment Agreement (National Bank Holdings Corp), Employment Agreement (National Bank Holdings Corp)

Severability; Blue Pencil. The Executive Consultant acknowledges and agrees that the Executive he has had the opportunity to seek advice of counsel in connection with this the Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration duration, and in all other respects. If it is determined that any provision of this Section 6 is invalid or unenforceable, the remainder of the provisions of this Section 6 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants provisions in this Section 6 is are unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 1 contract

Samples: Transition and Consulting Agreement (National Bank Holdings Corp)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive he has had the opportunity to seek advice of counsel in connection with this Agreement Agreement, and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration and in all other respects. If it is determined that any provision of this Section 6 8 is invalid or unenforceable, the remainder of the provisions of this Section 6 8 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 8 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced. For purposes of this Section 8, references to the Company shall include its Subsidiaries as of the Date of Termination, whether or not specified, unless the context clearly indicates otherwise.

Appears in 1 contract

Samples: Employment Agreement (United Community Banks Inc)

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Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive has had the opportunity to seek advice of counsel in connection with this Agreement and the restrictive covenants contained herein are reasonable in geographical scope temporal duration and in all other respects. If it is determined that any provision of this Section 6 5 is invalid or unenforceable, the remainder of the provisions of this Section 6 5 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 5 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 1 contract

Samples: Executive Employment Agreement (CHF Solutions, Inc.)

Severability; Blue Pencil. The Executive Consultant acknowledges and agrees that the Executive she has had the opportunity to seek advice of counsel in connection with this the Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration duration, and in all other respects. If it is determined that any provision of this Section 6 is invalid or unenforceable, the remainder of the provisions of this Section 6 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 1 contract

Samples: Transition and Consulting Agreement (National Bank Holdings Corp)

Severability; Blue Pencil. The Executive Employee acknowledges and agrees that the Executive Employee has had the opportunity to seek advice of counsel in connection with this Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration and in all other respects. If it is determined that any provision of this Section paragraph 6 is invalid or unenforceable, the remainder of the provisions of this Section paragraph 6 shall not thereby be affected and shall be given full effect, without regard to the invalid or unenforceable portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section paragraph 6 is are invalid or unenforceable because of the duration duration, geographic scope or geographic scope, other limitation of such provision, then after such determination becomes final and unappealablethe duration, the duration scope or scope other limitation of such provision, as the case may be, shall be reduced modified so that such provision becomes enforceablevalid and enforceable to the greatest extent lawfully permissible, and in its reduced modified form, such provision shall be enforced.

Appears in 1 contract

Samples: Claims Agreement (Adient PLC)

Severability; Blue Pencil. The Executive Associate acknowledges and agrees that the Executive he or she has had the opportunity to seek advice of counsel in connection with this Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration and in all other respects. If it is determined that any provision of this Section 6 ‎Section 8 is invalid or unenforceable, the remainder of the provisions of this Section 6 ‎Section 8 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 ‎Section 8 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 1 contract

Samples: Change of Control Agreement (National Bank Holdings Corp)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive has had the opportunity to seek advice of counsel in connection with this Agreement and the restrictive covenants contained herein are reasonable in geographical scope temporal duration and in all other respects. If it is determined that any provision of this Section 6 is invalid or unenforceable, the remainder of the provisions of this Section 6 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-decision- maker of competent jurisdiction determines that any of the covenants in this Section 6 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 1 contract

Samples: Executive Employment Agreement (Sunshine Heart, Inc.)

Severability; Blue Pencil. The Executive acknowledges and agrees that the Executive has had the opportunity to seek advice of counsel in connection with this the Agreement and the restrictive covenants contained herein are reasonable in geographical scope scope, temporal duration duration, and in all other respects. If it is determined that any provision of this Section 6 11 is invalid or unenforceable, the remainder of the provisions of this Section 6 11 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court or other decision-maker of competent jurisdiction determines that any of the covenants in this Section 6 11 is unenforceable because of the duration or geographic scope, scope of such provision, then after such determination becomes final and unappealable, the duration or scope of such provision, as the case may be, shall be reduced so that such provision becomes enforceable, and in its reduced form, such provision shall be enforced.

Appears in 1 contract

Samples: Employment Agreement (Cadence Bancorporation)

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