(d) The covenants in this Section 10, and each provision and portion hereof, are severable and separate, and the unenforceability of any specific covenant (or portion thereof) shall not affect the provisions of any other covenant (or portion thereof). Moreover, in the event any arbitrator or court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth are unreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which such arbitrator or court deems reasonable, and this Agreement shall thereby be reformed.
(e) The following terms shall have the following meanings:
(i) Market Area shall mean the Oklahoma counties of Canadian, Carter, Cleveland, Garvin, Grady, Kingfisher, McClain, and Stephens, and any other county located within the Merge/SCOOP/STACK play in the Anadarko Basin.
(ii) Prohibited Period shall mean the period during which Employee is employed by any member of the Company Group and continuing for a period of twenty-four (24) months following the date that Employee is no longer employed by any member of the Company Group.
(f) Notwithstanding anything in this Agreement to the contrary, in the event Employee becomes no longer employed by any member of the Company Group due to (i) the Companys (or another member of the Company Groups, as applicable) termination of Employees employment without Cause or (ii) Employees resignation for Good Reason and, in each case, such termination or resignation (A) is due to a Change in Control and (B) occurs within six (6) months following the Effective Date, then the terms of Section 10(b)(i) above shall no longer apply following the Termination Date.
11. Ownership of Intellectual Property. Employee agrees that the Company shall own, and Employee hereby assigns, all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, and all other intellectual and industrial property rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designs, know-how, ideas and information authored, created, contributed to, made or conceived or reduced to practice, in whole or in part, by Employee during the period in which Employee is or has been employed by or affiliated with the Company or any other member of the Company Group that either (a) relate, at the time of conception, reduction to practice, creation, derivation or development, to any member of the Company Groups businesses or actual or anticipated research or development, or (b) were developed on any amount of the Companys or any other member of the Company Groups time or with the use of any member of the Company Groups equipment, supplies, facilities or trade secret information (all of the foregoing collectively referred to herein as Company Intellectual Property), and Employee shall promptly disclose all Company Intellectual Property to the Company. All of Employees works of authorship and associated copyrights created during the period in which Employee is employed by or affiliated with the Company or any member of the Company Group and in the scope of Employees employment shall be deemed to be works made for hire within the meaning of the Copyright Act. Employee shall perform, during and after the period in which Employee is or has been employed by or affiliated with the Company or any other member of the Company Group, all reasonable acts deemed necessary by the Company to assist the Company Group, at the Companys expense, in obtaining and enforcing its rights throughout the world in the Company Intellectual Property. Such acts may include execution of documents and assistance or cooperation (i) in the filing, prosecution, registration, and memorialization of assignment of any applicable patents, copyrights, mask work, or other applications, (ii) in the enforcement of any applicable patents, copyrights, mask work, moral rights, trade secrets, or other proprietary rights, and (iii) in other legal proceedings related to the Company Intellectual Property.