Covenants Generally. The parties agree and acknowledge that the duration, scope and geographic areas applicable to the covenants set forth in paragraphs 7 and 8 of this Agreement are fair, reasonable and necessary and that adequate compensation has been received by Executive for these obligations. If, however, for any reason any court determines that the restrictions in this Agreement are not reasonable, that the consideration to Executive therefor is inadequate or that Executive has been prevented from earning a livelihood, such restrictions shall be deemed without further action by the parties to be interpreted, modified or rewritten to include as much of the duration, scope and geographic area of such restrictions as are valid and enforceable.
Appears in 2 contracts
Sources: Change of Control Agreement (Wisconsin Central Transportation Corp), Change of Control Agreement (Wisconsin Central Transportation Corp)
Covenants Generally. The parties agree and acknowledge that the duration, scope and geographic areas applicable to the covenants covenant set forth in paragraphs 7 and 8 of this Agreement through 10 hereof are fair, reasonable and necessary and that adequate compensation has been received by Executive for these obligations. If, however, for any reason any court determines that the restrictions in this Agreement are not reasonable, that the consideration to Executive therefor is inadequate or that Executive has been prevented from earning a livelihood, such restrictions shall be deemed without further action by the parties to be interpreted, modified or rewritten to include as much of the duration, scope and geographic area of such restrictions as are valid and enforceable.
Appears in 1 contract
Sources: Separation Agreement (Wisconsin Central Transportation Corp)