Common use of Severability; Reformation Clause in Contracts

Severability; Reformation. The covenants in this Article 11 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.

Appears in 22 contracts

Samples: Agreement and Plan of Reorganization (U S a Floral Products Inc), Agreement and Plan of Reorganization (U S a Floral Products Inc), Agreement and Plan of Reorganization (Consolidation Capital Corp)

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Severability; Reformation. The covenants in this Article 11 9 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.

Appears in 18 contracts

Samples: Partnership Interests Purchase Agreement (Navigant International Inc), Purchase Agreement (Workflow Management Inc), Purchase Agreement (Workflow Management Inc)

Severability; Reformation. The covenants in this Article 11 ARTICLE IX are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions continuing validity and enforceability of any other covenant. Moreover, in In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonableunreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable, reasonable and the this Agreement shall thereby be reformed.

Appears in 13 contracts

Samples: Acquisition Agreement (Quanta Services Inc), Acquisition Agreement and Plan of Reorganization (Bio Vascular Inc), Acquisition Agreement (Quanta Services Inc)

Severability; Reformation. The covenants in this Article 11 XIII 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.

Appears in 8 contracts

Samples: Merger Agreement (Centerpoint Advisors Inc), Merger Agreement (Centerpoint Advisors Inc), Merger Agreement (Centerpoint Advisors Inc)

Severability; Reformation. The covenants in this Article 11 Section 14 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.

Appears in 7 contracts

Samples: Agreement and Plan of Contribution (U S a Floral Products Inc), Agreement and Plan of Contribution (U S a Floral Products Inc), Agreement and Plan of Contribution (U S a Floral Products Inc)

Severability; Reformation. The covenants in this Article 11 10 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.

Appears in 6 contracts

Samples: Share Purchase Agreement (U S a Floral Products Inc), Stock Purchase Agreement (Holiday Rv Superstores Inc), Agreement and Plan of Reorganization (Genesisintermedia Com Inc)

Severability; Reformation. The covenants in this Article 11 section 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 Parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 5 contracts

Samples: Asset Purchase Agreement (1 800 Autotow Inc), Asset Purchase Agreement (1 800 Autotow Inc), Asset Purchase Agreement (1 800 Autotow Inc)

Severability; Reformation. The covenants in this Article 11 Section 10 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.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Appnet Systems Inc), Assets Purchase Agreement (National Insurance Group /Ca/), Stock Purchase Agreement (Appnet Systems Inc)

Severability; Reformation. The covenants in this Article 11 XII 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.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Compass International Services Corp), Stock Purchase Agreement (Compass International Services Corp), Stock Purchase Agreement (Compass International Services Corp)

Severability; Reformation. The covenants in this Article 11 Section 13 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.

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc)

Severability; Reformation. The covenants in this Article 11 Section 10 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.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Dovebid Inc), Asset Purchase Agreement (Dovebid Inc), Asset Purchase Agreement (Dovebid Inc)

Severability; Reformation. The covenants in this Article 11 XII 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 arbitration or judicial proceeding 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 arbitrator or court deems reasonable, and the Agreement shall thereby thereupon be automatically reformed.

Appears in 4 contracts

Samples: Combination Agreement (Taylor & Martin Group Inc), Combination Agreement (Taylor & Martin Group Inc), Combination Agreement (Taylor & Martin Group Inc)

Severability; Reformation. The covenants in this Article 11 Section 9 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.

Appears in 3 contracts

Samples: Asset Purchase Agreement (School Specialty Inc), LLC Interests Purchase Agreement (Aether Systems Inc), 1 Stock Purchase Agreement (Advanced Communication Systems Inc)

Severability; Reformation. The covenants in this Article 11 VIII 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.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Logitech International Sa), Asset Purchase Agreement (Wageworks, Inc.), Asset Purchase Agreement (Stratagene Corp)

Severability; Reformation. The covenants in this Article 11 Section 12 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 thereupon be automatically reformed.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Advanced Communications Group Inc/De/), Agreement and Plan of Exchange (Advanced Communications Group Inc/De/), Agreement and Plan of Exchange (Advanced Communications Group Inc/De/)

Severability; Reformation. The covenants in this Article Section 11 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 thereupon be automatically reformed.

Appears in 3 contracts

Samples: Employment Agreement (Advanced Communications Group Inc/De/), Asset Purchase Agreement (Advanced Communications Group Inc/De/), Asset Purchase Agreement (Advanced Communications Group Inc/De/)

Severability; Reformation. The covenants in this Article 11 10 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 Parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Harte Hanks Inc), Asset Purchase Agreement (Dynasil Corp of America)

Severability; Reformation. The covenants in this Article 11 14 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 this Agreement shall thereby be reformed.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ursus Telecom Corp), Merger Agreement (Ursus Telecom Corp)

Severability; Reformation. The covenants in this Article 11 VII are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions continuing validity and enforceability of any other covenant. Moreover, in In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this Article VII are unreasonableunreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable, reasonable and the this Agreement shall thereby be reformed.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Us Concrete Inc), Stock Purchase Agreement (Us Concrete Inc)

Severability; Reformation. The covenants in this Article 11 VII 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 that the court deems reasonable, reasonable and the Agreement shall thereby be reformed.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Sizmek Inc.), Stock Purchase Agreement (Insweb Corp)

Severability; Reformation. The covenants in this Article 11 Section 14 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 thereupon be automatically reformed.

Appears in 2 contracts

Samples: Employment Agreement (Advanced Communications Group Inc/De/), Agreement and Plan of Exchange (Advanced Communications Group Inc/De/)

Severability; Reformation. The covenants in this Article 11 Section 8 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 this Agreement shall thereby be reformed.

Appears in 2 contracts

Samples: Employment Agreement (Medical Manager Corp), Employment Agreement (Medical Manager Corp)

Severability; Reformation. The covenants in this Article 11 Section 5.7 are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions continuing validity and enforceability of any other covenant. Moreover, in In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this Section 5.7 are unreasonableunreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which that the court deems reasonable, reasonable and the this Agreement shall thereby be reformed.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Xedar Corp), Stock Purchase Agreement (Xedar Corp)

Severability; Reformation. The covenants in this Article 11 IX are severable and separate, and the unenforceability of any specific covenant shall will not affect the provisions of any other covenant. Moreover, in the event any court of competent jurisdiction shall will determine that the scope, time or territorial restrictions set forth are unreasonable, then it is the intention of the parties Parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall will thereby be reformed.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Schulman a Inc), Asset Purchase Agreement (Ferro Corp)

Severability; Reformation. The covenants in this Article 11 Section 5.7 are severable and separate, and the unenforceability of any specific covenant shall will not affect the provisions continuing validity and enforceability of any other covenant. Moreover, in In the event any court of competent jurisdiction shall will determine that the scope, time or territorial restrictions set forth in this Section 5.7 are unreasonableunreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which that the court deems reasonable, reasonable and the this Agreement shall will thereby be reformed.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Sutter Holding Co Inc), Purchase and Exchange Agreement (Sutter Holding Co Inc)

Severability; Reformation. The covenants in this Article 11 9 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.

Appears in 2 contracts

Samples: Purchase Agreement (Workflow Management Inc), Interest Purchase Agreement (Navigant International Inc)

Severability; Reformation. The covenants in this Article 11 XI 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.

Appears in 2 contracts

Samples: Asset Purchase Agreement (American Homestar Corp), Purchase of Assets Agreement (Dentsply International Inc /De/)

Severability; Reformation. The covenants in this Article 11 Sections 5.1, 5.2, 5.3, and 5.4 are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions of any other covenantcovenant in this Agreement. 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.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Alion Science & Technology Corp), Stock Purchase Agreement (Identix Inc)

Severability; Reformation. The covenants in this Article Section 11 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 Parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 2 contracts

Samples: Merger Agreement and Plan of Reorganization (1 800 Autotow Inc), Merger Agreement and Plan of Reorganization (1 800 Autotow Inc)

Severability; Reformation. The covenants in this Article 11 XIII 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.

Appears in 2 contracts

Samples: Merger Agreement (Centerpoint Advisors Inc), Merger Agreement (Centerpoint Advisors Inc)

Severability; Reformation. The covenants in this Article 11 8 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 Parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Asset Purchase Agreement (Scynexis Inc)

Severability; Reformation. The covenants in this Article 11 10 are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions of any other covenant. Moreover, in the event if any court of competent jurisdiction shall determine determines 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Aero Services International Inc)

Severability; Reformation. The covenants in this Article 11 9 are severable and separate, and the unenforceability of any specific covenant or portion thereof shall not affect the other portions of such covenant or 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 Parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Safenet Inc)

Severability; Reformation. The covenants in this Article 11 Section 14 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.. 14.5

Appears in 1 contract

Samples: Agreement and Plan (U S a Floral Products Inc)

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Severability; Reformation. The covenants in this Article 11 Section 7.11 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.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Genesisintermedia Com Inc)

Severability; Reformation. The covenants in this Article 11 Section 5.2 are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions continuing validity and enforceability of any other covenant. Moreover, in In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this Section 5.2 are unreasonableunreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which that the court deems reasonable, reasonable and the this Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Asset Purchase Agreement (HouseValues, Inc.)

Severability; Reformation. The covenants in this Article 11 ARTICLE 8 are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions of any other covenantcovenant nor any other provision of this Agreement. 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 this ARTICLE 8 shall thereby be reformedreformed accordingly per the order of the appropriate court.

Appears in 1 contract

Samples: Asset Purchase Agreement (At Track Communications Inc)

Severability; Reformation. The covenants in this Article 11 Section 9.13 are severable and separate, and the unenforceability unen- forceability 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 this Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Delphi Financial Group Inc/De)

Severability; Reformation. The covenants in this Article 11 Section 9 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 Parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Integral Systems Inc /Md/)

Severability; Reformation. The covenants in this Article 11 9 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 that the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ustman Technologies Inc)

Severability; Reformation. The agreements and covenants in this Article 11 Section 12.5 are severable and separate, and the unenforceability of any specific covenant shall not affect the provisions of any other agreement or covenant. Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this Section 12.5 are unreasonable, then it is the intention of the parties that such restrictions be enforced in force to the fullest extent which the such court deems reasonable, and the this Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Stock Purchase Agreement (Delek US Holdings, Inc.)

Severability; Reformation. The covenants in this Article 11 10 are ------------------------- ---------- severable and separate, and the unenforceability of any specific covenant shall not affect the provisions continuing validity and enforceability of any other covenant. Moreover, in In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this Article 10 are unreasonable, ---------- then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable, reasonable and the this Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ifco Systems Nv)

Severability; Reformation. The covenants in this Article 11 9 are severable and separate, and the unenforceability of any specific covenant in this Article 9 is not intended by either party to, and shall not not, affect the provisions of any other covenantcovenant in this Article 9. Moreover, in the event If any court of competent jurisdiction shall determine that the scope, time time, or territorial restrictions set forth in Section 9.3 are unreasonableunreasonable as applied to the Seller, then it is the intention of the parties acknowledge their 77 mutual intention and agreement that such those restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement thereby shall thereby be reformedreformed to that extent.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Healthways, Inc)

Severability; Reformation. The covenants in this Article 11 Section 13 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 50 fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Hospitality Design & Supply Inc)

Severability; Reformation. The covenants in this Article 11 Section 10 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 AppNet and the parties Indemnifying Stockholders that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Stock Purchase Agreement (Appnet Systems Inc)

Severability; Reformation. The covenants in this Article 11 10 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 extent, which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Stock Purchase Agreement (Genesisintermedia Com Inc)

Severability; Reformation. The covenants in this Article 11 9 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 Parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Asset Purchase Agreement (Array Biopharma Inc)

Severability; Reformation. The covenants in this Article 11 Section 9 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.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Us Office Products Co)

Severability; Reformation. The covenants in this Article 11 Section 10 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 this Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Asset Purchase Agreement (Carbonite Inc)

Severability; Reformation. The covenants in this Article 11 Section 12 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 this Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Asset Purchase Agreement (Equimed Inc)

Severability; Reformation. The covenants contained in this Article 11 Sections 9.2 and 9.3 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 contained in Sections 9.2 and 9.3 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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Si Handling Systems Inc)

Severability; Reformation. The covenants in this Article 11 Paragraph 9 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.

Appears in 1 contract

Samples: Asset Purchase Agreement

Severability; Reformation. The covenants in this Article 11 Section 7.14 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 this Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Icc Technologies Inc)

Severability; Reformation. The covenants in this Article 11 Section 13.1 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.

Appears in 1 contract

Samples: Merger Agreement (Centerpoint Advisors Inc)

Severability; Reformation. The covenants in this Article 11 Section 13 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 77 extent which the court deems reasonable, and the Agreement shall thereby be reformed.

Appears in 1 contract

Samples: Agreement and Plan of Organization (Travel Services International Inc)

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