Severability and Reformation. 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, or unenforceable under present or future law, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision were never a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its 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 covenant in accordance with this Section 12(c).
Appears in 9 contracts
Samples: Executive Employment Agreement (Paltalk, Inc.), Executive Employment Agreement (Paltalk, Inc.), Executive Employment Agreement (PeerStream, Inc.)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 were had never comprised a part hereofthereof, 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. In 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 covenant provision in accordance with this Section 12(c)12.
Appears in 9 contracts
Samples: Executive Employment Agreement (Amreit), Executive Employment Agreement (Amreit), Executive Employment Agreement (Amreit)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 were had never comprised a part hereofthereof, 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. In 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 covenant in accordance with this Section 12(c)14.
Appears in 7 contracts
Samples: Employment Agreement (Thinkorswim Group Inc.), Executive Employment Agreement (Investools Inc), Executive Employment Agreement (Investools Inc)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, and in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)11.
Appears in 7 contracts
Samples: Registration Agreement (Insynq Inc), Registration Agreement (Insynq Inc), Registration Rights Agreement (Insynq Inc)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced Subject to the fullest extent permitted by law. Ifreformation provision in Section 13, however, if 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 Employee 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 were had never comprised a part hereofthereof, 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. In 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 Employee hereby request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant in accordance with this Section 12(c)16.
Appears in 7 contracts
Samples: Severance Agreement (Heelys, Inc.), Employment Agreement (Heelys, Inc.), Employment Agreement (Heelys, Inc.)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 were had never comprised a part hereofthereof, 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. In 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 covenant provision in accordance with this Section 12(c)13.
Appears in 5 contracts
Samples: Executive Employment Agreement (AmREIT, Inc.), Executive Employment Agreement (AmREIT, Inc.), Executive Employment Agreement (AmREIT, Inc.)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)23.
Appears in 5 contracts
Samples: Employment Agreement (Bioenvision Inc), Employment Agreement (Bioenvision Inc), Employment Agreement (Electropharmacology Inc)
Severability and Reformation. The parties intend all Subject to the provisions of this Agreement to be enforced to the fullest extent permitted by law. IfSection 8, however, if 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 were had never comprised a part hereof, 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. In 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 covenant provision in accordance with this Section 12(c)11.
Appears in 3 contracts
Samples: Employment Agreement, Employment Agreement (A. H. Belo Corp), Employment Agreement (A. H. Belo Corp)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, and in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)11.
Appears in 3 contracts
Samples: Registration and Repurchase Agreement (Insynq Inc), Registration Agreement (Insynq Inc), Registration and Repurchase Agreement (Insynq Inc)
Severability and Reformation. 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, or unenforceable under present or future law, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision were never a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its 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 covenant in accordance with this Section 12(c).13. EXECUTION COPY
Appears in 3 contracts
Samples: 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. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 or the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)11.
Appears in 2 contracts
Samples: Employment Agreement (United States Oil & Gas Corp), Employment Agreement (United States Oil & Gas Corp)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c6(e).
Appears in 2 contracts
Samples: Director Compensation Agreement (Morgan Stanley Dean Witter & Co), Director Compensation Agreement (Morgan Stanley Dean Witter & Co)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance there from, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)21.
Appears in 2 contracts
Samples: Employment Agreement (Bioenvision Inc), Employment Agreement (Bioenvision Inc)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 were had never comprised a part hereofthereof, 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. In 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 covenant in accordance with this Section 12(c)15.
Appears in 2 contracts
Samples: Executive Employment Agreement (Thinkorswim Group Inc.), Executive Employment Agreement (Thinkorswim Group Inc.)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 Employee 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 were had never comprised a part hereofthereof, 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. In 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 Employee hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant in accordance with this Section 12(c)14.
Appears in 2 contracts
Samples: Employment Agreement (Investools Inc), Employment Agreement (Investools Inc)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)21.
Appears in 2 contracts
Samples: Employment Agreement (Bioenvision Inc), Employment Agreement (Mphase Technologies Inc)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed constructed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)herewith.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 were had never comprised a part hereofthereof, 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. In 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 or arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant provision in accordance with this Section 12(c)11.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 were had never comprised a part hereofthereof, 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. In 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 or arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant provision in accordance with this Section 12(c)12.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, 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, possible and the Company and Executive hereby parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)9.
Appears in 1 contract
Samples: Employment Agreement (Whiteglove House Call Health Inc)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c6(e).
Appears in 1 contract
Samples: Director Compensation Agreement (Morgan Stanley Dean Witter & Co)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, and in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c7(g).
Appears in 1 contract
Samples: Registration Rights Agreement (Eventures Group Inc)
Severability and Reformation. 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, or unenforceable under present or future law, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision were never a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its 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 covenant in accordance with this Section 12(c)13.
Appears in 1 contract
Samples: Executive Employment Agreement (Texas Capital Bancshares Inc/Tx)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 Employee or Palm Harbor 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 were had never comprised a part hereofthereof, 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. In 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 Palm Harbor and Executive Employee hereby request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant in accordance with this Section 12(c)10.
Appears in 1 contract
Samples: Compensation Agreement (Palm Harbor Homes Inc /Fl/)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, and, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)23.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, and in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement Agreement, a legal, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)16.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, and in lieu of such illegal, illegal invalid or unenforceable provision, there shall be added automatically as a part of this Agreement Agreement, a legal, 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)14.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 were had never comprised a part hereofthereof, 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. In 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 or arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant provision in accordance with this Section 12(c)15.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced Subject to the fullest extent permitted by law. Ifreformation provision in Section 12, however, if 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 Employee 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 were had never comprised a part hereofthereof, 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. In 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 Employee hereby request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant in accordance with this Section 12(c)15.
Appears in 1 contract
Samples: Employment Agreement (Heelys, Inc.)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If any provision of this Agreement ---------------------------- is held to be illegal, invalid, invalid or unenforceable under present any current or future law, and if the rights or obligations of the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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 severanceseverance therefrom. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)10.11.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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. In severance therefrom, and in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)6.10.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 Employee or Palm Harbor 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 were had never comprised a part hereofthereof, 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. In 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 Palm Harbor and Executive Employee hereby request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant in accordance with this Section 12(c)12.
Appears in 1 contract
Samples: Compensation Agreement (Palm Harbor Homes Inc /Fl/)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced Subject to the fullest extent permitted by law. Ifreformation provision in Section 6.4, however, if any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under present any current or future law, and if the rights or obligations of the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severableseparable, and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were had never comprised a part hereofthereof, 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 severanceseverance therefrom. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement 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 parties hereto request the court or any arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c)10.11.
Appears in 1 contract
Samples: Stock Purchase Agreement (Palm Harbor Homes Inc /Fl/)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced Subject to the fullest extent permitted by law. Ifreformation provision of Section 10, however, if any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under present any current or future law, and if the rights and obligations of the parties under this Agreement would not be materially and adversely affected thereby, such provision shall be fully severable, separable and this Agreement shall be construed and enforced as if such illegal, invalid, invalid or unenforceable provision were provisions had never comprised a part hereofthereof, 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 provisions or by its severanceseverance therefrom. In lieu of such illegal, invalid or unenforceable provisionprovisions, there shall be added automatically as a part of this Agreement Agreement, a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, possible and the Company and Executive hereby parties hereto request the court or any arbitrator to whom disputes relating to involving this Agreement are submitted to reform the otherwise illegal, invalid or unenforceable covenant provision in accordance with this Section 12(c12 (c).
Appears in 1 contract
Samples: Indemnification, Noncompetition and Tax Cooperation Agreement (Qk Healthcare Inc)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 Employee or TGA 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 were had never comprised a part hereofthereof, 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. In 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 TGA and Executive Employee hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant in accordance with this Section 12(c)9.
Appears in 1 contract
Samples: Non Disclosure, Non Competition, Non Solicitation and Work Product Agreement
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 Employee 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 were had never comprised a part hereofthereof, 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. In 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 Employee hereby request the court or arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant provision in accordance with this Section 12(c)10.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement Subject to be enforced to the fullest extent permitted by law. If, however, Section 9 if 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 Employee or Employer 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 were had never comprised a part hereofthereof, 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. In 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 Employer and Executive Employee hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant in accordance with this Section 12(c)11.
Appears in 1 contract
Samples: Employee Confidentiality and Noncompetition Agreement (Capital Southwest Corp)
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 Employee 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 were had never comprised a part hereofthereof, 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. In 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 Employee hereby request the court or arbitrator to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant provision in accordance with this Section 12(c)11.
Appears in 1 contract
Severability and Reformation. The parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, If 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 Employee 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 were had never comprised a part hereofthereof, 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. In 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 Employee hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant in accordance with this Section 12(c)6.
Appears in 1 contract
