Severability and Reformation. If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part thereof, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom, and in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision in accordance with this Section 12.
Appears in 9 contracts
Sources: Executive Employment Agreement (Amreit), Executive Employment Agreement (Amreit), Executive Employment Agreement (Amreit)
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1212(c).
Appears in 9 contracts
Sources: Executive Employment Agreement (Paltalk, Inc.), Executive Employment Agreement (Paltalk, Inc.), Executive Employment Agreement (PeerStream, Inc.)
Severability and Reformation. If The Parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1212(c).
Appears in 4 contracts
Sources: Executive Employment Agreement (Paltalk, Inc.), Executive Employment Agreement (Paltalk, Inc.), Executive Employment Agreement (Paltalk, Inc.)
Severability and Reformation. If The Parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Agreement Section 1210(e).
Appears in 4 contracts
Sources: Retirement Transition and Award Agreement (Texas Capital Bancshares Inc/Tx), Executive Employment Agreement (Texas Capital Bancshares Inc/Tx), Executive Employment Agreement (Texas Capital Bancshares Inc/Tx)
Severability and Reformation. If The parties hereto intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in lieu of such illegal, invalid or unenforceable provisionseverance. Furthermore, there shall be added automatically automatically, as a part of this Agreement Agreement, a legal, valid and enforceable provision as similar in terms to such illegal, invalid invalid, or unenforceable provision as may be possiblepossible and be construed and enforced as legal, valid, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision in accordance with this Section 12enforceable.
Appears in 4 contracts
Sources: Unit Forfeiture Agreement, Unit Forfeiture Agreement (ElectroCore, LLC), Stock Restriction Agreement (Keen Home Inc.)
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Agreement Section 1211(e).
Appears in 4 contracts
Sources: Executive Employment Agreement (Texas Capital Bancshares Inc/Tx), Executive Employment Agreement (Texas Capital Bancshares Inc/Tx), Executive Employment Agreement (Texas Capital Bancshares Inc/Tx)
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1210(c).
Appears in 3 contracts
Sources: Executive Employment Agreement (BioSig Technologies, Inc.), Executive Employment Agreement (Alliqua, Inc.), Executive Employment Agreement (Alliqua, Inc.)
Severability and Reformation. If The parties hereto intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company Employer and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 12.13. EXECUTION COPY
Appears in 3 contracts
Sources: Executive Employment Agreement (Texas Capital Bancshares Inc/Tx), Executive Employment Agreement (Texas Capital Bancshares Inc/Tx), Executive Employment Agreement (Texas Capital Bancshares Inc/Tx)
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1210(d).
Appears in 3 contracts
Sources: Executive Employment Agreement (DropCar, Inc.), Executive Employment Agreement (Alliqua, Inc.), Executive Employment Agreement (Alliqua, Inc.)
Severability and Reformation. If The parties hereto intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1214.
Appears in 3 contracts
Sources: Management Agreement (Firstcity Financial Corp), Management Agreement (Firstcity Financial Corp), Management Agreement (Firstcity Financial Corp)
Severability and Reformation. If The Parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive Consultant hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1212(c).
Appears in 2 contracts
Sources: Consulting Agreement (PeerStream, Inc.), Consulting Agreement (PeerStream, Inc.)
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1211(c).
Appears in 2 contracts
Sources: Executive Employment Agreement (BioSig Technologies, Inc.), Executive Employment Agreement (Snap Interactive, Inc)
Severability and Reformation. If The parties hereto intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in lieu of such illegal, invalid or unenforceable provisionseverance. Furthermore, there shall be added automatically automatically, as a part of this Agreement Agreement, a legal, valid and enforceable provision as similar in terms to such illegal, invalid invalid, or unenforceable provision as may be possiblepossible and still have such similar provision be construed and enforced as legal, valid, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision in accordance with this Section 12enforceable.
Appears in 2 contracts
Sources: Stockholder Agreement (Surgivision Inc), Stockholders’ Agreement (Surgivision Inc)
Severability and Reformation. If The parties hereto intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1215.
Appears in 2 contracts
Sources: Management Employment Agreement (Firstcity Financial Corp), Management Employment Agreement (Firstcity Financial Corp)
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1211(b).
Appears in 2 contracts
Sources: Executive Employment Agreement (Kintara Therapeutics, Inc.), Executive Employment Agreement (DelMar Pharmaceuticals, Inc.)
Severability and Reformation. If The Parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive Consultant hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 12.12(c). 10
Appears in 1 contract
Sources: Consulting Agreement
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision in accordance with this Section 1211(b).
Appears in 1 contract
Severability and Reformation. If The parties hereto intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company Employer and EXECUTION COPY Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1213.
Appears in 1 contract
Sources: Executive Employment Agreement (Texas Capital Bancshares Inc/Tx)
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision in accordance with this Section 121 1(b).
Appears in 1 contract
Severability and Reformation. If The Parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1210(e).
Appears in 1 contract
Sources: Executive Employment Agreement (Texas Capital Bancshares Inc/Tx)
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 128(b).
Appears in 1 contract
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 129(b).
Appears in 1 contract
Severability and Reformation. If The Parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1211(b).
Appears in 1 contract
Severability and Reformation. If The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid invalid, or unenforceable under any present or future law, and if the rights or obligations of Executive or the Company under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid invalid, or unenforceable provision had were never comprised a part thereofhereof, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid invalid, or unenforceable provision or by its severance herefrom, and in severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive Employee hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable provision covenant in accordance with this Section 1211(c).
Appears in 1 contract