Severability and Modification of Covenants. Executive acknowledges and agrees that, given the nature of the business of the Company and Executive’s role and responsibilities, each of the Protective Covenants is reasonable and valid in time and scope and in all other respects, because of the scope of the Company’s operations and Executive’s activities on its behalf. Executive further acknowledges that the Protective Covenants are narrowly tailored as to time, geography, and scope of activity to be restrained, and operate to avoid unfair competition and irreparable harm to the Company. Executive acknowledges and agrees that the Protective Covenants set forth herein do not constitute a general restraint that prevent Executive from engaging in a lawful profession, nor do they operate as a general covenant against competition. The parties agree that it is their intention that the Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Protective Covenant. If any of the provisions of the Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.
Appears in 2 contracts
Sources: Employment Agreement (Select Interior Concepts, Inc.), Employment Agreement (Harbor Custom Development, Inc.)
Severability and Modification of Covenants. Executive Employee acknowledges and agrees that, given the nature of the business of the Company and Executive’s role and responsibilities, that each of the Protective Restrictive Covenants is reasonable and valid in time and scope and in all other respects, because of the scope of the Company’s operations and Executive’s activities on its behalf. Executive further acknowledges that the Protective Covenants are narrowly tailored as to time, geography, and scope of activity to be restrained, and operate to avoid unfair competition and irreparable harm to the Company. Executive acknowledges and agrees that the Protective Covenants set forth herein do not constitute a general restraint that prevent Executive from engaging in a lawful profession, nor do they operate as a general covenant against competition. The parties agree that it is their intention that the Protective Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Protective Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Protective Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Protective Restrictive Covenant. If any portion of any of the provisions Restrictive Covenants is found to be invalid or unenforceable because its duration, geographic territory, scope of activities, information covered, or other similar restriction is considered to be unreasonable in scope, the invalid or unenforceable term shall be redefined, or a new enforceable term provided, such that the intent of the Protective Covenants should ever be held by a court of competent jurisdiction Company and Employee in agreeing to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement will not be impaired and the provision in question shall be valid and enforceable.enforced to the fullest extent permitted by law. Employee Initials Company Initials
Appears in 1 contract