Common use of Enforceability of this Agreement Clause in Contracts

Enforceability of this Agreement. (a) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereunder. If a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy only the portions of this Agreement that violate such statute or public policy shall be stricken, and all other portions of this Agreement that do not violate any statute or public policy shall continue in full force and effect. Further, if any one or more of the provisions contained in this Agreement is determined by a court of competent jurisdiction in any State to be excessively broad as to duration, scope, activity or subject, or is unreasonable or unenforceable under the laws of such State, such provisions will be construed by limiting, reducing, modifying or amending them so as to be enforceable to the maximum extent permitted by the law of that State. If the Agreement is held unenforceable in any jurisdiction, such holding will not impair the enforceability of the Agreement in any other jurisdiction. (b) This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. (c) No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by the Employee and the Company. No waiver by either Party hereto at any time or any breach by the other Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. (d) The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Delaware without regard to its conflicts of law principles, unless otherwise mutually agreed upon by the Parties. (e) The Company shall have the right to assign its rights and obligations under this Agreement to any individual, entity, corporation or partnership that succeeds to all or a portion of the relevant business or assets of the Company. This Agreement is personal to the Employee, and the Employee may not assign the Employee’s rights and obligations under this Agreement to any third party.

Enforceability of this Agreement. (a) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereunder. If a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy only the portions of this Agreement that violate such statute or public policy shall be stricken, and all other portions of this Agreement that do not violate any statute or public policy shall continue in full force and effect. Further, if any one or more of the provisions contained in this Agreement is determined by a court of competent jurisdiction in any State to be excessively broad as to duration, scope, activity or subject, or is unreasonable or unenforceable under the laws of such State, such provisions will be construed by limiting, reducing, modifying or amending them so as to be enforceable to the maximum extent permitted by the law of that State. If the Agreement is held unenforceable in any jurisdiction, such holding will not impair the enforceability of the Agreement in any other jurisdiction. (b) This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. (c) No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by the Employee and the Company. No waiver by either Party hereto at any time or any breach by the other Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. (d) The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State Commonwealth of Delaware Massachusetts without regard to its conflicts of law principles, unless otherwise mutually agreed upon by the Parties. (e) The Company shall have the right to assign its rights and obligations under this Agreement to any individual, entity, corporation or partnership that succeeds to all or a portion of the relevant business or assets of the Company. This Agreement is personal to the Employee, and the Employee may not assign the Employee’s rights and obligations under this Agreement to any third party.

Enforceability of this Agreement. (a) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereunder. If a an arbitrator or court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute law or public policy policy, then only the portions of this Agreement that violate such statute law or public policy shall be stricken, and all other portions of this Agreement that do not violate any statute law or public policy shall continue in full force and effect. Further, if any one or more of the provisions contained in this Agreement is determined by a an arbitrator or court of competent jurisdiction in any State state to be excessively broad as to duration, scope, activity or subject, or is unreasonable or unenforceable under the laws of such Statestate, such provisions will be construed by limiting, reducing, modifying or amending them so as to be enforceable to the maximum extent permitted by the law of that Statestate. If the Agreement is held unenforceable in any jurisdiction, such holding will not impair the enforceability of the Agreement in any other jurisdiction. (b) This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. (c) The failure of either Executive or Company, at any time, to require performance of the other of any provision hereof, or to resort to Executive’s or its remedy at law, in equity, or otherwise, shall in no way affect the right of such party to require such full performance or to resort to such remedy at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of such provision unless expressly stated in writing. No provision waiver of this Agreement may any of the provisions hereof shall be modified, waived or discharged effective unless such waiver, modification or discharge is agreed to in writing and signed by the Employee and the Company. No waiver by either Party hereto at any time or any breach by the other Party hereto of, or compliance with, any condition or provision of this Agreement party to be performed by charged with such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent timewaiver. (d) The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Delaware Florida without regard to its conflicts of law principles, unless otherwise mutually agreed upon by the Parties. (e) The Company shall have the right to assign In connection with any litigation arising out of or in connection with this Agreement, each party will bear its rights own costs and obligations attorney’s fees incurred in connection in any action brought under this Agreement to and in connection therewith, including reasonable attorney’s fees at the trial and all appellate levels. Third Party Beneficiaries: Any member of Company, parent, subsidiary or affiliate of Company and/or any individualsuccessor legal entity or assigns shall be a third party beneficiary of this Agreement, entity, corporation or partnership that succeeds to with all or a portion rights of enforcement of the relevant business or assets terms of this Agreement, including the Company. This Agreement is personal restrictive covenants contained in Exhibit A to the Employee, and the Employee may not assign the Employee’s rights and obligations under this Agreement to any third partyAgreement.

Enforceability of this Agreement. (a) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereunder. If a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy only the portions of this Agreement that violate such statute or public policy shall be stricken, and all other portions of this Agreement that do not violate any statute or public policy shall continue in full force and effect. Further, if any one or more of the provisions contained in this Agreement is determined by a court of competent jurisdiction in any State to be excessively broad as to duration, scope, activity or subject, or is unreasonable or unenforceable under the laws of such State, such provisions will be construed by limiting, reducing, modifying or amending them so as to be enforceable to the maximum extent permitted by the law of that State. If the Agreement is held unenforceable in any jurisdiction, such holding will not impair the enforceability of the Agreement in any other jurisdiction. (b) This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. (c) No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by the Employee and the Company. No waiver by either Party hereto at any time or any breach by the other Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. (d) The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Delaware Connecticut without regard to its conflicts of law principles, unless otherwise mutually agreed upon by the Parties. (e) The Company shall have the right to assign its rights and obligations under this Agreement to any individual, entity, corporation or partnership that succeeds to all or a portion of the relevant business or assets of the Company. This Agreement is personal to the Employee, and the Employee may not assign the Employee’s rights and obligations under this Agreement to any third party.

Enforceability of this Agreement. (a) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereunder. If a an arbitrator or court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute law or public policy policy, then only the portions of this Agreement that violate such statute law or public policy shall be stricken, and all other portions of this Agreement that do not violate any statute law or public policy shall continue in full force and effect. Further, if any one or more of the provisions contained in this Agreement is determined by a an arbitrator or court of competent jurisdiction in any State state to be excessively broad as to duration, scope, activity or subject, or is unreasonable or unenforceable under the laws of such Statestate, such provisions will be construed by limiting, reducing, modifying or amending them so as to be enforceable to the maximum extent permitted by the law of that Statestate. If the Agreement is held unenforceable in any jurisdiction, such holding will not impair the enforceability of the Agreement in any other jurisdiction. (b) This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. (c) No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Employee Executive and the Company. No waiver by either Party hereto at any time or any breach by the other Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. (d) The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Delaware New Jersey without regard to its conflicts of law principles, unless otherwise mutually agreed upon by the Parties. (e) The Company shall have the right to assign its rights and obligations under this Agreement to any individual, entity, corporation or partnership that succeeds to all or a portion of the relevant business or assets of the Company. This Agreement is personal to the EmployeeExecutive, and the Employee Executive may not assign the EmployeeExecutive’s rights and obligations under this Agreement to any third party.

Enforceability of this Agreement. (a) It is a condition precedent to the effectiveness of this Agreement that the Employee commences working full-time for the Company on the Start Date. If the Employee does not commence such full-time employment on the Start Date, then this Agreement shall be null and void and the Company shall have no obligations hereunder or otherwise to the Employee. (b) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereunder. If a an arbitrator or court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute law or public policy policy, only the portions of this Agreement that violate such statute law or public policy shall be stricken, and all other portions of this Agreement that do not violate any statute law or public policy shall continue in full force and effect. Further, if any one or more of the provisions contained in this Agreement is determined by a an arbitrator or court of competent jurisdiction in any State to be excessively broad as to duration, scope, activity or subject, or is unreasonable or unenforceable under the laws of such Stateapplicable law, such provisions will be construed by limiting, reducing, modifying or amending them so as to be enforceable to the maximum extent permitted by the law of that Stateapplicable law. If the this Agreement is held unenforceable in any jurisdiction, such holding will not impair the enforceability of the Agreement in any other jurisdiction. (bc) This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. (cd) No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by the Employee and the Company. No waiver by either Party hereto at any time or any breach by the other Party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. (de) The validity, interpretation, construction and performance of this This Agreement shall be governed by and construed under the laws of the State of Delaware New Jersey, without regard to its the conflicts of law principleslaws principles thereof, unless otherwise mutually agreed upon by the Parties. (ef) The Company shall have the right to assign its rights and obligations under this Agreement to any individual, entity, corporation or partnership that succeeds to all or a portion of the relevant business or assets of the Company. This Agreement is personal to the Employee, and the Employee may not assign the Employee’s rights and obligations under this Agreement to any third party.