Common use of Severability; Blue Pencil Clause in Contracts

Severability; Blue Pencil. Executive acknowledges and agrees that 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 9 is invalid or unenforceable, the remainder of the provisions of this Section 9 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 9 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. For purposes of this Section 9, 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 2 contracts

Samples: Change in Control Continuity Agreement (United Community Banks Inc), Change in Control Continuity Agreement (United Community Banks Inc)

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Severability; Blue Pencil. The Executive acknowledges and agrees that he has had the opportunity to seek advice of counsel in connection with this Agreement, the Agreement and the restrictive covenants contained herein are reasonable in geographical scope, temporal duration duration, and in all other respects. If it is determined that any provision of this Section 9 is invalid or unenforceable, the remainder of the provisions of this Section 9 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 9 is are 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 formfor, such provision shall be enforced. For purposes of this Section 9, references to the Company shall include its Subsidiaries as of the Date of Termination, whether or not specified, unless the context clearly indicates otherwiseSuccessors .

Appears in 2 contracts

Samples: Change of Control Employment Agreement (Cadence Bancorporation), Change of Control Employment Agreement (Cadence Bancorporation)

Severability; Blue Pencil. The Executive acknowledges and agrees that he she has had the opportunity to seek advice of counsel in connection with this Agreement, the Agreement and the restrictive covenants contained herein are reasonable in geographical scope, temporal duration duration, and in all other respects. If it is determined that any provision of this Section 9 10 is invalid or unenforceable, the remainder of the provisions of this Section 9 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 9 10 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 formfor, such provision shall be enforced. For purposes of this Section 9, 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 (National Bank Holdings Corp)

Severability; Blue Pencil. The Executive acknowledges and agrees that he has had the opportunity to seek advice of counsel in connection with this Agreement, 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 9 10 is invalid or unenforceable, the remainder of the provisions of this Section 9 10 shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court Exhibit 10.1 or other decision-maker of competent jurisdiction determines that any of the covenant or covenants in this Section 9 10 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. For purposes of this Section 9, 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 (NMI Holdings, Inc.)

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Severability; Blue Pencil. The Executive acknowledges and agrees that he she has had the opportunity to seek advice of counsel in connection with this Agreement, the Agreement and the restrictive covenants contained herein are reasonable in geographical scope, temporal duration duration, and in all other respects. If it is determined that any provision of this Section 9 10 is invalid or unenforceable, the remainder of the provisions of this Section 9 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 9 10 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. For purposes of this Section 9, 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 (National Bank Holdings Corp)

Severability; Blue Pencil. The Executive acknowledges and agrees that he has had the opportunity to seek advice of counsel in connection with this Agreement, the Agreement and the restrictive covenants contained herein are reasonable in geographical scope, temporal duration duration, and in all other respects. If it is determined that any provision of this Section 9 ‎10 is invalid or unenforceable, the remainder of the provisions of this Section 9 ‎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 9 ‎10 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 formfor, such provision shall be enforced. For purposes of this Section 9, 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 (National Bank Holdings Corp)

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