Severability; Entire Agreement. If any provision of the Plan or this Agreement is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such provision will be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions will not be affected thereby; provided that if any of such provision is finally held to be invalid, illegal, or unenforceable because it exceeds the maximum scope determined to be acceptable to permit such provision to be enforceable, such provision will be deemed to be modified to the minimum extent necessary to modify such scope in order to make such provision enforceable hereunder. The Plan and this Agreement contain the entire agreement of the parties with respect to the subject matter thereof and supersede all prior agreements, promises, covenants, arrangements, communications, representations and warranties between them, whether written or oral with respect to the subject matter thereof.
Appears in 16 contracts
Sources: Employee Performance Stock Unit Award Agreement (Washington Prime Group Inc.), Employee Performance Stock Unit Award Agreement (Washington Prime Group, L.P.), Employee Performance Stock Unit Award Agreement (Washington Prime Group, L.P.)
Severability; Entire Agreement. If any provision of the provisions of the Plan or this Award Agreement is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such provision will be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions will not be affected thereby; provided that if any of such provision provisions is finally held to be invalid, illegal, or unenforceable because it exceeds the maximum scope determined to be acceptable to permit such provision to be enforceable, such provision will be deemed to be modified to the minimum extent necessary to modify such scope in order to make such provision enforceable hereunder. The Plan and this Award Agreement contain the entire agreement of the parties with respect to the subject matter thereof and supersede all prior agreements, promises, covenants, arrangements, communications, representations and warranties between them, whether written or oral with respect to the subject matter thereof.
Appears in 3 contracts
Sources: Restricted Stock Unit Award Agreement (Voya Financial, Inc.), Restricted Stock Unit Award Agreement (Lion Connecticut Holdings Inc.), Restricted Stock Unit Award Agreement (ING U.S., Inc.)
Severability; Entire Agreement. If any provision of the provisions of this Plan or this Agreement any Award document is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such provision will shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability unenforceability, and the remaining provisions will shall not be affected thereby; provided that provided, that, if any of such provision provisions is finally held to be invalid, illegal, or unenforceable because it exceeds the maximum scope determined to be acceptable to permit such provision to be enforceable, such provision will shall be deemed to be modified to the minimum extent necessary to modify such scope in order to make such provision enforceable hereunder. The Plan and this Agreement any Award documents contain the entire agreement of the parties with respect to the subject matter thereof and supersede all prior agreements, promises, covenants, arrangements, communications, representations and warranties between them, whether written or oral with respect to the subject matter thereof.
Appears in 2 contracts
Sources: 2012 Stock Award and Incentive Plan (Spectrum Group International, Inc.), 2001 Stock Award and Incentive Plan (R H Donnelley Corp)
Severability; Entire Agreement. If any provision of the Plan or provisions of this Option Agreement is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such provision will shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability unenforceability, and the remaining provisions will shall not be affected thereby; provided that provided, that, if any of such provision provisions is finally held to be invalid, illegal, or unenforceable because it exceeds the maximum scope determined to be acceptable to permit such provision to be enforceable, such provision will shall be deemed to be modified to the minimum extent necessary to modify such scope in order to make such provision enforceable hereunder. The Plan and this This Option Agreement contain contains the entire agreement of the parties with respect to the subject matter thereof and supersede all prior agreements, promises, covenants, arrangements, communications, representations and warranties between them, whether written or oral with respect to the subject matter thereof. No rule of strict construction shall be applied against the Company, the Board, or any other person in the interpretation of any terms of this Option Agreement.
Appears in 2 contracts
Sources: Director Agreement (Eos Petro, Inc.), Stock Option Agreement (Searchlight Minerals Corp.)