Common use of Enforceability Issues Clause in Contracts

Enforceability Issues. If any benefits to which the Executive shall otherwise be entitled hereunder are not permitted to be provided to the Executive under any governing plan document or applicable law governing the payment or provision of such benefits, the Company shall pay or provide equivalent benefits to the Executive (or her representatives in the case of death). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. To the extent the provisions of Section 3(l) are inconsistent with the terms regarding subrogation in any officers' and directors' liability coverage, the terms of such insurance coverage shall prevail. A party's failure to insist upon strict compliance with any provision hereof shall not be deemed to be a waiver of such provision thereof.

Enforceability Issues. If any benefits to which the Executive shall otherwise be entitled hereunder are not permitted to be provided to the Executive under any governing plan document or applicable law governing the payment or provision of such benefits, the Company shall pay or provide equivalent benefits to the Executive (or her his representatives in the case of death). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. To the extent the provisions of Section 3(l) are inconsistent with the terms regarding subrogation in any officers' and directors' liability coverage, the terms of such insurance coverage shall prevail. A party's failure to insist upon strict compliance with any provision hereof shall not be deemed to be a waiver of such provision thereof.

Enforceability Issues. If any benefits to which the Executive shall otherwise be entitled hereunder are not permitted to be provided to the Executive under any governing plan document or applicable law governing the payment or provision of such benefits, the Company shall pay or provide equivalent benefits to the Executive (or her representatives in the case of death). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. To the extent the provisions of Section 3(l4(g) are inconsistent with the terms regarding subrogation in any officers' and directors' liability coverage, the terms of such insurance coverage shall prevail. A partyThe Executive's and/or the Company's failure to insist upon strict compliance with any provision hereof shall not be deemed to be a waiver of such provision thereof.

Enforceability Issues. If any benefits to which the Executive shall otherwise be entitled hereunder are not permitted to be provided to the Executive under any governing plan document or applicable law governing the payment or provision of such benefits, the Company shall pay or provide equivalent benefits to the Executive (or her his representatives in the case of death). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. To the extent the provisions of Section 3(l4(g) are inconsistent with the terms regarding subrogation in any officers' and directors' liability coverage, the terms of such insurance coverage shall prevail. A partyThe Executive's and/or the Company's failure to insist upon strict compliance with any provision hereof shall not be deemed to be a waiver of such provision thereof.