Reasonableness of Restrictions. 2.4.1 Employee has carefully read and considered the provisions of Article 2 hereof and, having done so, agrees that the restrictions set forth in such Article (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) are fair and reasonable and are reasonably required for the protection of the interest of Company, its officers, directors and other employees. 2.4.2 In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 15 contracts
Sources: Employment Agreement (Encore Medical Corp), Employment Agreement (Encore Medical Corp), Employment Agreement (Encore Medical Corp)
Reasonableness of Restrictions. 2.4.1 Employee (a) Executive has carefully read and considered the provisions foregoing provision of Article 2 hereof this Section, and, having done so, agrees that the restrictions set forth in such Article (includingthis Section, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Company and its officers, directors and other employees.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Section shall be held to be invalid or unenforceableunenforceable by a court of competent jurisdiction, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Section relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 12 contracts
Sources: Employment Agreement (Tanger Properties LTD Partnership /Nc/), Employment Agreement (Tanger Properties LTD Partnership /Nc/), Employment Agreement (Tanger Properties LTD Partnership /Nc/)
Reasonableness of Restrictions. 2.4.1 Employee A. Executive has carefully read and considered the provisions of Article 2 hereof andSection XIV and XV hereof, and having done so, agrees that the restrictions set forth in such Article Sections (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 Section XV hereof) are fair and reasonable and are reasonably required for the protection of the interest interests of Companythe Employer, its officers, directors directors, and other employees.
2.4.2 B. In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof Sections XIV and XV shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Section XV hereof relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said time period and/or areas of restriction shall be deemed to become become, and thereafter be be, the maximum time period and/or areas area which such court deems reasonable and enforceable.
Appears in 9 contracts
Sources: Employment Agreement (Abatix Corp), Employment Agreement (Abatix Corp), Employment Agreement (Abatix Corp)
Reasonableness of Restrictions. 2.4.1 A. Employee has carefully read and considered the provisions of Article 2 Section 1 hereof and, having done so, agrees that the restrictions set forth in such Article therein (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofrestriction) are fair and reasonable and are reasonably required for the protection of the interest interests of CompanyEmployer, its officers, directors directors, shareholders and other employees.
2.4.2 B. In the event that, notwithstanding the foregoing, any part of the provisions of Article 2 covenants set forth in Section 1 hereof shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Section 1 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the agreed upon time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 8 contracts
Sources: Non Compete Agreement, Non Compete Agreement, Non Compete Agreement
Reasonableness of Restrictions. 2.4.1 Employee has carefully read and considered the provisions of Article 2 hereof Articles 6, 7 and 8 and, having done so, agrees that the restrictions set forth in such Article (those Articles, including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) restrictions, are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Sebring and its officers, directors and other employees.
2.4.2 Affiliates. In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof Articles 6, 7 or 8 shall be held to be invalid or unenforceableunenforced, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Articles 6, 7 or 8 relating to the time period period, the geographic restrictions and/or areas of restriction related aspects shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas restrictiveness such court deems reasonable and enforceable, said the time period period, geographic restrictions and/or areas of restriction related aspects deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which restriction in such court deems regard, and the restrictions shall remain enforceable to the fullest extent deemed reasonable and enforceableby such court.
Appears in 7 contracts
Sources: Management Employment Agreement (Sebring Software, Inc.), Management Employment Agreement (Sebring Software, Inc.), Management Employment Agreement (Sebring Software, Inc.)
Reasonableness of Restrictions. 2.4.1 Employee has carefully read and considered the provisions of Article 2 II hereof and, having done so, agrees that the restrictions set forth in such Article (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 II hereof) are fair and reasonable and are reasonably required for the protection of the interest of Company, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding the foregoing, any of the provisions of Article 2 II hereof shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 II relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 7 contracts
Sources: Employment Agreement (Encore Medical Corp), Employment Agreement (Encore Medical Corp), Employment Agreement (Encore Medical Corp)
Reasonableness of Restrictions. 2.4.1 1. The Employee has carefully read and considered the provisions of Article 2 Sections I and J hereof and, having done so, agrees that the restrictions and remedies set forth in such Article sections (including, but not limited to, the time period of restriction, the geographical area of restriction and the geographical areas of restriction set forth in Article 2 hereofdamages and injunctive relief provisions therein) are fair and reasonable and are reasonably required for the protection of the interest interests of the Company, its officers, directors and other employees.
2.4.2 2. In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof Section I or J shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Section J hereof relating to time period and/or areas area of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas area such court deems reasonable and enforceable, said time period and/or areas area of restriction shall be deemed to become and thereafter be the maximum time period and/or areas area which such court deems reasonable and enforceable.
Appears in 4 contracts
Sources: Employment Agreement (American Healthchoice Inc /Ny/), Employment Agreement (American Healthchoice Inc /Ny/), Employment Agreement (American Healthchoice Inc /Ny/)
Reasonableness of Restrictions. 2.4.1 Employee has carefully read and considered the provisions of Article 2 paragraphs 16 and 17 hereof and, and having done so, agrees that the restrictions set forth in such Article paragraphs (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofparagraphs 16 and 17) are fair and reasonable and are reasonably required for the protection of the interest interests of CompanyEmployer, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding . Notwithstanding the foregoing, in the event that any of the provisions of Article 2 hereof paragraphs 16 or 17 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 paragraph 16 or 17 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said such time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 3 contracts
Sources: Employment Agreement (Continental Natural Gas Inc), Employment Agreement (Continental Natural Gas Inc), Employment Agreement (Continental Natural Gas Inc)
Reasonableness of Restrictions. 2.4.1 Employee has The Executive and the Company have each carefully read and considered the provisions of Article 2 hereof this ARTICLE 11 and, having done so, agrees agree that the restrictions set forth in such Article this ARTICLE (including, but not limited to, the time period of Time Period restriction and the geographical areas of Trade Area restriction set forth in Article 2 hereofthis ARTICLE 11) are fair and reasonable and are reasonably required for the protection of the interest of Company, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding ’s interests. Notwithstanding the foregoing, in the event any part of the provisions of Article 2 hereof covenants set forth in this ARTICLE 11 shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 this ARTICLE 11 relating to time period Time Period and/or areas of restriction Trade Area shall be declared by a court of competent jurisdiction to exceed the maximum time period or and/or geographical areas of restriction such court deems reasonable and enforceable, said time period and/or geographical areas of restriction shall be deemed to become and thereafter be the maximum time period and/or geographical areas which of restriction that such court deems reasonable and enforceable.
Appears in 3 contracts
Sources: Employment Agreement (Old Dominion Freight Line Inc/Va), Employment Agreement (Old Dominion Freight Line Inc/Va), Employment Agreement (Old Dominion Freight Line Inc/Va)
Reasonableness of Restrictions. 2.4.1 Employee (a) Seller has carefully read and considered the provisions of Article 2 hereof Section 5.10 and, having done so, agrees that the restrictions set forth in such Article (therein, including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) restriction, are fair and reasonable and are reasonably required for the protection of the interest interests of Company, its officers, directors and other employeesthe Buyer.
2.4.2 In the event that(b) If, notwithstanding the foregoing, any of the provisions of Article 2 hereof Section 5.10 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinincluded. In the event that any provision of Article 2 Section 5.10 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas restrictiveness such court deems reasonable and enforceable, said the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which restriction in such court deems regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable and enforceableby such court.
Appears in 2 contracts
Sources: Merger Agreement (U S Trucking Inc), Merger Agreement (U S Trucking Inc)
Reasonableness of Restrictions. 2.4.1 Employee (1) Executive has carefully read and considered the provisions foregoing provision of Article 2 hereof this Section, and, having done so, agrees that the restrictions set forth in such Article (includingthis Section, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Company and its officers, directors and other employees.
2.4.2 (2) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Section shall be held to be invalid or unenforceableunenforceable by a court of competent jurisdiction, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Section relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 2 contracts
Sources: Employment Agreement (Tanger Factory Outlet Centers Inc), Employment Agreement (Tanger Properties LTD Partnership /Nc/)
Reasonableness of Restrictions. 2.4.1 Employee has The Executive and the Company have each carefully read and considered the provisions of Article 2 hereof this ARTICLE 14 and, having done so, agrees agree that the restrictions set forth in such Article this ARTICLE (including, but not limited to, the time period of Time Period restriction and the geographical areas of Trade Area restriction set forth in Article 2 hereofthis ARTICLE 14) are fair and reasonable and are reasonably required for the protection of the interest of Company, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding ’s interests. Notwithstanding the foregoing, in the event any part of the provisions of Article 2 hereof covenants set forth in this ARTICLE 14 shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 this ARTICLE 14 relating to time period Time Period and/or areas of restriction Trade Area shall be declared by a court of competent jurisdiction to exceed the maximum time period or and/or geographical areas of restriction such court deems reasonable and enforceable, said time period and/or geographical areas of restriction shall be deemed to become and thereafter be the maximum time period and/or geographical areas which of restriction that such court deems reasonable and enforceable.
Appears in 2 contracts
Sources: Employment Agreement (Old Dominion Freight Line Inc/Va), Employment Agreement (Old Dominion Freight Line Inc/Va)
Reasonableness of Restrictions. 2.4.1 Employee has The Executive and the Company have each carefully read and considered the provisions of Article 2 hereof this ARTICLE 10 and, having done so, agrees agree that the restrictions set forth in such Article this ARTICLE (including, but not limited to, the time period of Time Period restriction and the geographical areas of Trade Area restriction set forth in Article 2 hereofthis ARTICLE 10) are fair and reasonable and are reasonably required for the protection of the interest of Company, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding ’s interests. Notwithstanding the foregoing, in the event any part of the provisions of Article 2 hereof covenants set forth in this ARTICLE 10 shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 this ARTICLE 10 relating to time period Time Period and/or areas of restriction Trade Area shall be declared by a court of competent jurisdiction to exceed the maximum time period or and/or geographical areas of restriction such court deems reasonable and enforceable, said time period and/or geographical areas of restriction shall be deemed to become and thereafter be the maximum time period and/or geographical areas which of restriction that such court deems reasonable and enforceable.
Appears in 2 contracts
Sources: Employment Agreement (Old Dominion Freight Line Inc/Va), Employment Agreement (Old Dominion Freight Line Inc/Va)
Reasonableness of Restrictions. 2.4.1 1. Employee has carefully read and considered the provisions foregoing provision of Article 2 hereof this Item, and, having done so, agrees that the restrictions set forth in such Article (includingthese paragraphs, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Employer and its officers, directors and other employees.
2.4.2 2. In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Item shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Item relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 2 contracts
Sources: Employment Agreement (Tanger Factory Outlet Centers Inc), Employment Agreement (Tanger Factory Outlet Centers Inc)
Reasonableness of Restrictions. 2.4.1 Employee a. Executive has carefully read and considered the provisions of Article 2 hereof this Agreement and, having done so, agrees agree that the restrictions set forth in such Article (includingherein, including but not limited to, to the time period of restriction the restrictions and the geographical areas area of restriction set forth in Article 2 hereof) such restrictions are fair and reasonable reasonable, and are reasonably required for the protection of the interest interests of the Company, its officerssubsidiaries, directors affiliates, related entities and other employees.
2.4.2 b. In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Agreement shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by said court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 2 contracts
Sources: Employment Agreement (Surrey Inc), Employment Agreement (Surrey Inc)
Reasonableness of Restrictions. 2.4.1 Employee (a) The Executive has carefully read and considered the provisions foregoing provision of Article 2 hereof this Section, and, having done so, agrees that the restrictions set forth in such Article (includingthis Section, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Company and its officers, directors and other employees.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Section shall be held to be invalid or unenforceableunenforceable by a court of competent jurisdiction, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Section relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 2 contracts
Sources: Employment Agreement (Tanger Properties LTD Partnership /Nc/), Employment Agreement (Tanger Properties LTD Partnership /Nc/)
Reasonableness of Restrictions. 2.4.1 (a) The Employee has carefully read and considered the provisions of Article 2 hereof Section 7, and, having done so, agrees that the restrictions set forth in such Article (that section, including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) are is fair and reasonable and are is reasonably required for the protection of the interest interests of Companythe Company and its subsidiary and affiliated entities, its officers, directors directors, shareholders, and other employees.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof Section 7 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 relating to time period and/or areas of restriction Section 7 shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas restrictiveness such court deems reasonable and enforceable, said time period and/or areas of restriction restrictions deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which restrictions in such court deems regard, and the restrictions shall remain enforceable to the fullest extent deemed reasonable and enforceableby such court.
Appears in 2 contracts
Sources: Employment Agreement (Cubic Energy Inc), Employment Agreement (Cubic Energy Inc)
Reasonableness of Restrictions. 2.4.1 Employee (a) Executive has carefully read and considered the provisions foregoing provision of Article 2 hereof this Section, and, having done so, agrees that the restrictions set forth in such Article (includingthis Section, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Company and its officers, directors and other employees.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Section shall be held to be invalid or unenforceableunenforceable by a court of competent jurisdiction, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Section relating to the time period and/or the areas 3 of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 2 contracts
Sources: Employment Agreement (Tanger Factory Outlet Centers Inc), Employment Agreement (Tanger Properties LTD Partnership /Nc/)
Reasonableness of Restrictions. 2.4.1 (a) The Employee has carefully read and considered the provisions of Article 2 hereof Section 8, and, having done so, agrees that the restrictions set forth in such Article (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) that Section are fair and reasonable and are reasonably required for the protection of the interest interests of Companythe Corporation and its parent or subsidiary corporations, its officers, directors directors, shareholders, and other employeesEmployees.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof Section 8 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 relating to time period and/or areas of restriction Section 8 shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas restrictiveness such court deems reasonable and enforceable, said the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which restriction in such court deems regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable and enforceableby such court.
Appears in 2 contracts
Sources: Employment Agreement (DG FastChannel, Inc), Employment Agreement (DG FastChannel, Inc)
Reasonableness of Restrictions. 2.4.1 (a) Employee has carefully read and considered the provisions of Article 2 hereof Paragraph 6, 7 and 8 and, having done so, agrees that the restrictions set forth in such Article (these paragraphs, including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) are fair and reasonable and are reasonably required for the protection of the interest interests of Companyemployer and its officer, its officersdirectors, directors shareholders and other employees.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof shall be ▇▇▇▇▇▇▇▇▇▇ ▇, ▇ ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 the said Paragraphs relating to the time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas or amount such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableperiod.
Appears in 2 contracts
Sources: Employment Agreement (Daedalus Building Systems Inc), Employment Agreement (Daedalus Systems Inc)
Reasonableness of Restrictions. 2.4.1 10.1 Employee has carefully read and considered the provisions of Article 2 Sections 6, 7, 8 and 9 hereof and, having done so, agrees that the restrictions and agreements set forth in such Article Sections (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofor restriction) are fair and reasonable and are reasonably required for the protection of the interest interests of CompanyEmployer, its officers, directors and other employees.
2.4.2 10.2 In the event that, notwithstanding the foregoing, any of the provisions of Article 2 Sections 6, 7, 8 and 9 hereof shall be held to be invalid or unenforceableenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or and unenforceable parts had not been included therein. In the event that any provision of Article 2 Sections 6 or 7 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or and/or areas such court deems reasonable and enforceable, said time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 2 contracts
Sources: Employment Agreement (Quest Resource Corp), Employment Agreement (Quest Resource Corp)
Reasonableness of Restrictions. 2.4.1 Employee has carefully read and considered the provisions of Article 2 hereof Section 9 of this Agreement, and, having done so, agrees that the restrictions set forth in such Article (that section, including, but not limited to, the time period of restriction and scope of the geographical areas of restriction set forth in Article 2 hereof) are fair and reasonable and are reasonably required for the protection of the interest interests of CompanyCompany and its, its officers, directors directors, shareholders, and other employees.
2.4.2 . In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof Section 9 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Section 9 relating to the time period and/or the areas of restriction and/or related aspects shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas restrictiveness such court deems reasonable and enforceable, said the time period and/or areas of restriction and/or related aspects deemed reasonable and enforceable by the court shall be deemed to become become, and thereafter be be, the maximum time period and/or areas which restriction in such court deems regard, and the restriction shall remain enforceable to the fullest extent deemed reasonable and enforceableby such court.
Appears in 2 contracts
Sources: Employment Agreement (American Inflatables Inc), Employment Agreement (American Sports Development Group Inc)
Reasonableness of Restrictions. 2.4.1 Employee 1. ▇▇▇▇▇▇▇ has carefully read and considered the provisions foregoing provision of Article 2 hereof this Item, and, having done so, agrees that the restrictions set forth in such Article (includingthese paragraphs, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Company and its officers, directors and other employees.
2.4.2 2. In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Item shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Item relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 2 contracts
Sources: Employment Agreement (Tanger Factory Outlet Centers Inc), Employment Agreement (Tanger Factory Outlet Centers Inc)
Reasonableness of Restrictions. 2.4.1 Employee has The Executive and the Company have each carefully read and considered the provisions of Article 2 hereof this ARTICLE 13 and, having done so, agrees agree that the restrictions set forth in such Article this ARTICLE (including, but not limited to, the time period of Time Period restriction and the geographical areas of Trade Area restriction set forth in Article 2 hereofthis ARTICLE 13) are fair and reasonable and are reasonably required for the protection of the interest of Company, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding ’s interests. Notwithstanding the foregoing, in the event any part of the provisions of Article 2 hereof covenants set forth in this ARTICLE 13 shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 this ARTICLE 13 relating to time period Time Period and/or areas of restriction Trade Area shall be declared by a court of competent jurisdiction to exceed the maximum time period or and/or geographical areas of restriction such court deems reasonable and enforceable, said time period and/or geographical areas of restriction shall be deemed to become and thereafter be the maximum time period and/or geographical areas which of restriction that such court deems reasonable and enforceable.
Appears in 2 contracts
Sources: Employment Agreement (Old Dominion Freight Line Inc/Va), Employment Agreement (Old Dominion Freight Line Inc/Va)
Reasonableness of Restrictions. 2.4.1 Employee 1. Nehmen has carefully read and considered the provisions foregoing provision of Article 2 hereof this Item, and, having done so, agrees that the restrictions set forth in such Article (includingthese paragraphs, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Company and its officers, directors and other employees.
2.4.2 2. In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Item shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Item relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 2 contracts
Sources: Employment Agreement (Tanger Factory Outlet Centers Inc), Employment Agreement (Tanger Factory Outlet Centers Inc)
Reasonableness of Restrictions. 2.4.1 Employee (a) ▇▇▇▇▇▇▇ has carefully read and considered the provisions of Article Paragraph 2 hereof andhereof, having done so, and agrees that the restrictions set forth in such Article Paragraph 2 (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofrestriction) are fair and reasonable and are reasonably required for the protection of the interest interests of Company, its officers, directors and other employeesINFINITI.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article Paragraph 2 hereof shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article Paragraph 2 hereof relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said time period and/or areas of restriction shall be deemed to become become, and thereafter be be, the maximum time period and/or areas area which such court deems reasonable and enforceable.
Appears in 1 contract
Sources: Non Competition Agreement (Urecoats Industries Inc)
Reasonableness of Restrictions. 2.4.1 A. Employee has carefully read and considered the provisions of Article 2 Section 1 hereof and, having done so, agrees that the restrictions set forth in such Article therein (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofrestriction) are fair and reasonable and are reasonably required for the protection of the interest interests of CompanyEmployer, its officers, directors directors, shareholders and other employees.
2.4.2 . B. In the event that, notwithstanding the foregoing, any part of the provisions of Article 2 covenants set forth in Section 1 hereof shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Section 1 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the agreed upon time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable. 5.
Appears in 1 contract
Sources: Employee Non Compete Agreement
Reasonableness of Restrictions. 2.4.1 A. Employee has carefully read and considered the provisions of Article 2 Section 1 hereof and, having done so, agrees that the restrictions set forth in such Article therein (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofrestriction) are fair and reasonable and are reasonably required for the protection of the interest interests of [Company], its officers, directors directors, shareholders and other employees.
2.4.2 B. In the event that, notwithstanding the foregoing, any part of the provisions of Article 2 covenants set forth in Section 1 hereof shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Section 1 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the agreed upon time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 1 contract
Sources: Employee Non Compete Agreement
Reasonableness of Restrictions. 2.4.1 Employee has carefully read and considered the provisions of Article 2 hereof and, having done so, agrees that the restrictions set forth in such Article (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) are fair and reasonable and are reasonably required for the protection of the interest of Company, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said time period and/or areas of restriction restrictign shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 1 contract
Reasonableness of Restrictions. 2.4.1 Employee (a) ▇▇▇▇▇▇▇▇ has carefully read and considered the provisions of Article Paragraph 2 hereof andhereof, having done so, and agrees that the restrictions set forth in such Article Paragraph 2 (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofrestriction) are fair and reasonable and are reasonably required for the protection of the interest interests of Company, its officers, directors and other employeesINFINITI.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article Paragraph 2 hereof shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article Paragraph 2 hereof relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said time period and/or areas of restriction shall be deemed to become become, and thereafter be be, the maximum time period and/or areas area which such court deems reasonable and enforceable.
Appears in 1 contract
Sources: Non Competition Agreement (Urecoats Industries Inc)
Reasonableness of Restrictions. 2.4.1 Employee (a) Marchisello has carefully read and considered the provisions foregoing provision of Article 2 hereof this Item, and, having done so, agrees that the restrictions set forth in such Article (includingthese paragraphs, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Company and its officers, directors and other employees.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Item shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Item relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 1 contract
Sources: Employment Agreement (Tanger Factory Outlet Centers Inc)
Reasonableness of Restrictions. 2.4.1 Employee (a) SELLER X has carefully read and considered the provisions of Article Paragraph 2 hereof andhereof, having done so, and agrees that the restrictions set forth in such Article Paragraph 2 (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofrestriction) are fair and reasonable and are reasonably required for the protection of the interest interests of Company, its officers, directors and other employeesINFINITI.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article Paragraph 2 hereof shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article Paragraph 2 hereof relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said time period and/or areas of restriction shall be deemed to become become, and thereafter be be, the maximum time period and/or areas area which such court deems reasonable and enforceable.
Appears in 1 contract
Reasonableness of Restrictions. 2.4.1 Employee (a) ZEGELBONE has carefully read and considered the provisions of Article Paragraph 2 hereof andhereof, having done so, and agrees that the restrictions set forth in such Article Paragraph 2 (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofrestriction) are fair and reasonable and are reasonably required for the protection of the interest interests of Company, its officers, directors and other employeesINFINITI.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article Paragraph 2 hereof shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article Paragraph 2 hereof relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said time period and/or areas of restriction shall be deemed to become become, and thereafter be be, the maximum time period and/or areas area which such court deems reasonable and enforceable.
Appears in 1 contract
Sources: Non Competition Agreement (Urecoats Industries Inc)
Reasonableness of Restrictions. 2.4.1 Employee A. Contractor has carefully read and considered the provisions of Article 2 Section 1 hereof and, having done so, agrees that the restrictions set forth in such Article therein (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofrestriction) are fair and reasonable and are reasonably required for the protection of the interest interests of Company, its officers, directors directors, shareholders and other employees.
2.4.2 4B. In the event that, notwithstanding the foregoing, any part of the provisions of Article 2 covenants set forth in Section 1 hereof shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Section 1 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the agreed upon time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 1 contract
Reasonableness of Restrictions. 2.4.1 Employee has carefully read and considered the provisions of Article 2 hereof this Agreement and, having done so, agrees that the restrictions set forth in such Article this Agreement (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofSection 3) are fair and reasonable and are reasonably required for the protection of the interest interests of CompanyEmployer, its shareholders, officers, directors and other employees.
2.4.2 In the event that, notwithstanding . Notwithstanding the foregoing, in the event any part of the provisions of Article 2 hereof covenants set forth in Section 3 shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Section 3 relating to time period and/or areas of restriction or territory shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas territory such court deems reasonable and enforceable, said time period and/or areas of restriction or territory shall be deemed to become and thereafter be the maximum time period and/or areas which or territory that such court deems reasonable and enforceable.
Appears in 1 contract
Sources: Inventions, Confidentiality, and Non Solicitation Agreement (Rf Micro Devices Inc)
Reasonableness of Restrictions. 2.4.1 (a) The Employee has carefully read and considered the provisions of Article 2 hereof Sections 7 and 8, and, having done so, agrees that the restrictions set forth in such Article (those sections, including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) are is fair and reasonable and are is reasonably required for the protection of the interest interests of Companythe Company and its subsidiaries and affiliated entities, its officers, directors directors, shareholders, and other employees.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof Sections 7 and 8 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 relating to time period and/or areas of restriction Sections 7 and 8 shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas restrictiveness such court deems reasonable and enforceable, said time period and/or areas of restriction restrictions deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which restrictions in such court deems regard, and the restrictions shall remain enforceable to the fullest extent deemed reasonable and enforceableby such court.
Appears in 1 contract
Reasonableness of Restrictions. 2.4.1 Employee MIK has carefully read and considered the provisions of Article 2 paragraph 15 and 16 hereof and, and having done so, agrees that the restrictions set forth in such Article paragraphs (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofparagraphs 15 and 16) are fair and reasonable and are reasonably required for the protection of the interest interests of CompanyEmployer, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding . Notwithstanding the foregoing, in the event that any of the provisions of Article 2 hereof paragraphs 15 and 16 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 paragraph 15 or 16 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said such time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 1 contract
Sources: Employment Agreement (Arrow Magnolia International Inc)
Reasonableness of Restrictions. 2.4.1 Employee has carefully read and considered the provisions of Article 2 paragraph 15 and 16 hereof and, and having done so, agrees that the restrictions set forth in such Article paragraphs (including, but not limited to, the time period of restriction and the geographical areas of restriction set forth in Article 2 hereofparagraphs 15 and 16) are fair and reasonable and are reasonably required for the protection of the interest interests of CompanyEmployer, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding . Notwithstanding the foregoing, in the event that any of the provisions of Article 2 hereof paragraphs 15 and 16 shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 paragraph 15 or 16 relating to time period and/or areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said such time period and/or areas of restriction shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceable.
Appears in 1 contract
Sources: Employment Agreement (Arrow Magnolia International Inc)
Reasonableness of Restrictions. 2.4.1 Employee 1. Chafin has carefully read carefull▇ ▇▇▇▇ and considered the provisions foregoing provision of Article 2 hereof this Item, and, having done so, agrees that the restrictions set forth in such Article (includingthese paragraphs, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Company and its officers, directors and other employees.
2.4.2 2. In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Item shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Item relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 1 contract
Sources: Employment Agreement (Tanger Factory Outlet Centers Inc)
Reasonableness of Restrictions. 2.4.1 Employee has The Executive and the Company have each carefully read and considered the provisions of Article 2 hereof this ARTICLE 16 and, having done so, agrees agree that the restrictions set forth in such Article this ARTICLE (including, but not limited to, the time period of Time Period restriction and the geographical areas of Trade Area restriction set forth in Article 2 hereofthis ARTICLE 16) are fair and reasonable and are reasonably required for the protection of the interest of Company, its officers, directors and other employees.
2.4.2 In the event that, notwithstanding 's interests. Notwithstanding the foregoing, in the event any part of the provisions of Article 2 hereof covenants set forth in this ARTICLE 16 shall be held to be invalid or unenforceable, the remaining provisions parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 this ARTICLE 16 relating to time period Time Period and/or areas of restriction Trade Area shall be declared by a court of competent jurisdiction to exceed the maximum time period or and/or geographical areas of restriction such court deems reasonable and enforceable, said time period and/or geographical areas of restriction shall be deemed to become and thereafter be the maximum time period and/or geographical areas which of restriction that such court deems reasonable and enforceable.
Appears in 1 contract
Reasonableness of Restrictions. 2.4.1 1. The Employee has carefully read and considered the provisions of Article 2 Sections H and I hereof and, having done so, agrees that the restrictions and remedies set forth in such Article sections (including, but not limited to, the time period of restriction, the geographical area of restriction and the geographical areas of restriction set forth in Article 2 hereofdamages and injunctive relief provisions therein) are fair and reasonable and are reasonably required for the protection of the interest interests of the Company, its officers, directors and other employees.
2.4.2 2. In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof Section H or I shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event that any provision of Article 2 Section I hereof relating to time period and/or areas area of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas area such court deems reasonable and enforceable, said time period and/or areas area of restriction shall be deemed to become and thereafter be the maximum time period and/or areas area which such court deems reasonable and enforceable.
Appears in 1 contract
Sources: Employment Agreement (American Healthchoice Inc /Ny/)
Reasonableness of Restrictions. 2.4.1 Employee (a) M▇▇▇▇▇▇▇▇▇▇ has carefully read and considered the provisions foregoing provision of Article 2 hereof this Item, and, having done so, agrees that the restrictions set forth in such Article (includingthese paragraphs, including but not limited to, to the time period of restriction and the geographical areas of restriction set forth in Article 2 hereof) the covenant against competition are fair and reasonable and are reasonably required for the protection of the interest interests of Company, Company and its officers, directors and other employees.
2.4.2 (b) In the event that, notwithstanding the foregoing, any of the provisions of Article 2 hereof this Item shall be held to be invalid or unenforceable, the remaining provisions thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included thereinherein. In the event that any provision of Article 2 this Item relating to the time period and/or the areas of restriction shall be declared by a court of competent jurisdiction to exceed the maximum time period or areas such court deems reasonable and enforceable, said the time period and/or areas of restriction deemed reasonable and enforceable by the court shall be deemed to become and thereafter be the maximum time period and/or areas which such court deems reasonable and enforceableareas.
Appears in 1 contract
Sources: Employment Agreement (Tanger Factory Outlet Centers Inc)