Common use of Severability; Reformation; Independent Covenants Clause in Contracts

Severability; Reformation; Independent Covenants. The covenants in this Section 5 are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions of any other covenant. Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth are unreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed. Each covenant and agreement of Executive in this Section 5 shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action by the Executive against the Company (including the affiliates thereof), whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of such covenants or agreements. It is specifically agreed that the periods of restriction during which the agreements and covenants of the Executive made in this Section 5 shall be effective, shall be computed by extending such periods by the amount of time during which the Executive is in violation of any provision of Section 5. The covenants contained in this Section 5 shall not be affected by any breach of any other provision hereof by any party hereto.

Severability; Reformation; Independent Covenants. The covenants in this Section 5 Agreement are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions of any other covenant. Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth are unreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed. Each covenant and agreement of Executive the Selling Parties in this Section 5 Agreement shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action by the Executive Selling Parties against the Company Buyer (including the affiliates thereof), whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company Buyer of such covenants or agreements. It is specifically agreed that the periods of restriction during which the agreements and covenants of the Executive Selling Parties made in this Section 5 Agreement shall be effective, shall be computed by extending such periods by the amount of time during which the Executive Selling Parties each is in violation of any provision of Section 5this Agreement. The covenants contained in this Section 5 Agreement shall not be affected by any breach of any other provision hereof by any party hereto.