Common use of JUDICIAL CONSTRUCTION Clause in Contracts

JUDICIAL CONSTRUCTION. 9.1 Executive believes and acknowledges that the provisions contained in this Agreement, including without limitation the provisions contained in Section 5.1 and Articles 7, and 8 of this Agreement, are fair and reasonable and necessary to protect the Company’s legitimate interests. Nonetheless, it is agreed that if a court finds any of these provisions to be invalid in whole or in part, such finding shall not invalidate any such provision, nor the Agreement, in its entirety, but rather the provision in question shall be construed, blue-lined, reformed, rewritten, and/or equitably modified by the court as if the most restrictive covenants permissible under applicable law were contained herein.

Appears in 4 contracts

Samples: Amended Agreement (Christopher & Banks Corp), Employment Agreement (Christopher & Banks Corp), Agreement (Christopher & Banks Corp)

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JUDICIAL CONSTRUCTION. 9.1 8.1 Executive believes and acknowledges that the provisions contained in this Agreement, including without limitation the provisions contained in Section 5.1 and Articles 74.1, 6, and 8 7 of this Agreement, are fair and reasonable and necessary to protect the Company’s legitimate interests. Nonetheless, it is agreed that if a court finds any of these provisions to be invalid in whole or in part, such finding shall not invalidate any such provision, nor the Agreement, in its entirety, but rather the provision in question shall be construed, blue-lined, reformed, rewritten, and/or equitably modified by the court as if the most restrictive covenants permissible under applicable law were contained herein.

Appears in 3 contracts

Samples: Agreement (Christopher & Banks Corp), Agreement (Christopher & Banks Corp), Christopher & Banks Corp

JUDICIAL CONSTRUCTION. 9.1 Executive believes and acknowledges that the provisions contained in this Agreement, including without limitation the provisions contained in Section 5.1 and Articles 7, and 8 of this Agreement, are fair and reasonable and necessary to protect the Company’s legitimate interests. Nonetheless, it is agreed that that, if a court finds any of these provisions to be invalid in whole or in part, such finding shall not invalidate any such provision, nor the Agreement, in its entirety, but rather the provision in question shall be construed, blue-lined, reformed, rewritten, and/or equitably modified by the court as if the most restrictive covenants permissible under applicable law were contained herein.

Appears in 2 contracts

Samples: Stock Option Agreement (Christopher & Banks Corp), Employment Agreement (Christopher & Banks Corp)

JUDICIAL CONSTRUCTION. 9.1 Executive 8.1Executive believes and acknowledges that the provisions contained in this Agreement, including without limitation the provisions contained in Section 5.1 and Articles 74.1, 6, and 8 7 of this Agreement, are fair and reasonable and necessary to protect the Company’s legitimate interests. Nonetheless, it is agreed that if a court finds any of these provisions to be invalid in whole or in part, such finding shall not invalidate any such provision, nor the Agreement, in its entirety, but rather the provision in question shall be construed, blue-lined, reformed, rewritten, and/or equitably modified by the court as if the most restrictive covenants permissible under applicable law were contained herein.

Appears in 2 contracts

Samples: Agreement (Christopher & Banks Corp), Christopher & Banks Corp

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JUDICIAL CONSTRUCTION. 9.1 8.1 Executive believes and acknowledges that the provisions contained in this Agreement, including without limitation the provisions contained in Section 5.1 4.1, and Articles 7, 6 and 8 7 of this Agreement, are fair and reasonable and necessary to protect the Company’s Corporation and its subsidiaries’ legitimate interests. Nonetheless, it is agreed that if a court finds any of these provisions to be invalid in whole or in part, such finding shall not invalidate any such provision, nor the Agreement, in its entirety, but rather the provision in question shall be construed, blue-lined, reformed, rewritten, and/or equitably modified by the court as if the most restrictive covenants permissible under applicable law were contained herein.

Appears in 2 contracts

Samples: Severance Agreement (Christopher & Banks Corp), Severance Agreement (Christopher & Banks Corp)

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