The periods in Section  9.1 and Section  9.2 shall be tolled during (and shall be deemed automatically extended by) any period in which Executive is in violation of the provisions of this Section  9 . If a final and non-appealable judicial determination is made that any of the provisions of this Section  9 constitutes an unreasonable or otherwise unenforceable restriction against Executive, the provisions of this Section  9 will not be rendered void but will be deemed to be modified to the minimum extent necessary to remain in force and effect for the longest period and largest geographic area that would not constitute such an unreasonable or unenforceable restriction.