Extract to table

Severability / Blue-Pencil Provisions Each of the eight employment agreements contains a severability clause providing that if any provision of the agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect

The blue-pencil language provides that if a court determines that any restriction is unreasonable in duration, geographic scope, or activity scope, the court shall have the authority to reform the restriction to the maximum extent that would be enforceable, rather than striking the provision entirely

Under these provisions, the prevailing party in any action to enforce the restrictive covenants shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party