definiens: ( within the meaning of Section 3(3 ) of ERISA ), including multiemployer plans within the meaning of Section 3(37 ) of ERISA ; or ( d ) acquire ( by purchas e of stock or assets, merger or otherwise ) any Person ; provided, however, that Seller or its Affiliates, as applicable, promptly divest that portion of such Person that en gages in the Competitive Activity within twelve ( 12 ) months after the acquisition of such Person or Seller or i ts Affiliates, as applicable, cease to engage in th e Competitive Activity within twelve ( 12 ) months . In addition, if Seller or any of its Affiliates are acquired by or merged with a Third Party that engages in the Competitive Activit y at the time of such acquisition or merger, such T hird Party and its other Affiliates will not have any obligati ons under this Section 6.14 . The Parties recognize that the Laws and public policies of the various states of the Un ited States and other jurisdictions may differ as t o the validity and enforceability of covenants similar to those se t forth in this Section 6.14 . It is the intention o f the Parties that a determination by a jurisdiction that one or more provisions of this Section 6.14 is invalid or unenf orceable shall not render unenforceable, or impair, the remainder of the provisions of this Section 6.14 . Accordingly, if any provision of this Section 6.14 shall be determined to be invalid or unenforceable, such invalidity or unenforceability shall be deemed to apply only with respect to the operation of such provision in the particular jurisdiction in which such determination is made an d not with respect to any other provision or jurisd iction, and Section 10.8 shall apply to substitute a valid and enforceable provision thereof