Severability Clause Example with 4 Variations from Business Contracts

Severability. If any provision of this Agreement is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto. If such clause or provision cannot be so enforced, such provision shall be stricken from this Agreement and the remainder of this Agreement shall be enforced as if such invalid, illegal or 13 unenforceable clause or provision had (to the e...xtent not enforceable) never been contained in this Agreement. Notwithstanding the forgoing, if the value of this Agreement based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. * * * * * Attachment: Attachments: Annex A: Form of Stock Option Exercise Notice and Agreement 11 14 ANNEX A FORM OF STOCK OPTION EXERCISE NOTICE AND AGREEMENT 15 ANNEX A VESTED ONLY STOCK OPTION EXERCISE NOTICE AND AGREEMENT BOLT THERAPEUTICS, GOODRX HOLDINGS, INC. 2015 EQUITY INCENTIVE PLAN *NOTE: You must sign this Notice on Page 3 4 before submitting it to Bolt Therapeutics, GoodRx Holdings, Inc. (the "Company"). Optionee information: OPTIONEE INFORMATION: Please provide the Following following information about yourself (Optionee) ("Optionee"): Name: Social Security Number: Address: Employee Number: OPTION INFORMATION: Please provide this information on the option being exercised (the ( the "Option"): Grant No. Date of Grant: Type of Stock Option: Option Exercise Price per Share: $ ☐ ☒ Nonqualified (NQSO) Total number of shares of Common Stock of the Company ☐ Incentive (ISO) subject to the Option: EXERCISE INFORMATION: Number of shares of Common Stock of the Company for which the Option is now being exercised[ ]. exercised: . (These shares are referred to below as the "Purchased Shares.") Total Exercise Price Being Paid being paid for the Purchased Shares: $ Form of payment enclosed [check all that apply]: apply] : ☐ Check for $ , payable to "Bolt Therapeutics, "GoodRx Holdings, Inc." ☐ Certificate(s) Wire transfer to the Company for shares $ . ☐ Other form of Common Stock of the Company. These shares will be valued consideration as of the date this notice is received permitted by the Company. [Requires Company consent.] Option Agreement. Please describe: AGREEMENTS, REPRESENTATIONS AND ACKNOWLEDGMENTS OF OPTIONEE: By signing this Stock Option Exercise Notice and Agreement, Optionee hereby agrees with, and represents to, the Company as follows: 1. 2. Terms Governing. I acknowledge and agree with the Company that I am acquiring the Purchased Shares by exercise of this the Option subject to all other terms and conditions of the Notice of Stock Option Grant and the Stock Option Agreement that govern the Option, including without limitation the terms of the Company's Third Amended and Restated 2015 Equity Incentive Plan, as it may be amended (the "Plan"). View More

Severability. If any provision of this Agreement is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto. If such clause or provision cannot be so enforced, such provision shall be stricken from this Agreement and the remainder of this Agreement shall be enforced as if such invalid, illegal or unenforceable clause or provision had (to the exte...nt not enforceable) never been contained in this Agreement. Notwithstanding the forgoing, if the value of this Agreement based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. * * * * * Attachment: Attachments: Annex A: Form of Stock Option Exercise Notice and Agreement 11 EARLY EXERCISE FORM ANNEX A FORM OF STOCK OPTION EXERCISE NOTICE AND AGREEMENT STOCK OPTION EXERCISE NOTICE AND AGREEMENT BOLT THERAPEUTICS, LOXO ONCOLOGY, INC. 2015 2013 EQUITY INCENTIVE PLAN *NOTE: You must sign this Notice on Page 3 before submitting it to Bolt Therapeutics, Loxo Oncology, Inc. (the "Company"). Optionee information: OPTIONEE INFORMATION: Please provide the Following following information about yourself (Optionee) ("Optionee"): Name: Social Security Number: Address: Employee Number: OPTION INFORMATION: Please provide this information on the option being exercised (the "Option"): Grant No. Date of Grant: Type of Stock Option: Option Price per Share: $ ☐ o Nonqualified (NQSO) Total number of shares of Common Stock of the Company ☐ Incentive (ISO) subject to the Option: o Incentive (ISO) EXERCISE INFORMATION: Number of shares of Common Stock of the Company for which the Option is now being exercised[ exercised [ ]. (These shares are referred to below as the "Purchased Shares.") Total Exercise Price Being Paid for the Purchased Shares: $ Form of payment enclosed [check all that apply]: ☐ o Check for $ , payable to "Bolt Therapeutics, "Loxo Oncology, Inc." ☐ o Certificate(s) for shares of Common Stock of the Company. These shares will be valued as of the date this notice is received by the Company. [Requires Company consent.] AGREEMENTS, REPRESENTATIONS AND ACKNOWLEDGMENTS OF OPTIONEE: By signing this Stock Option Exercise Notice and Agreement, Optionee hereby agrees with, and represents to, the Company as follows: 1. Terms Governing. I acknowledge and agree with the Company that I am acquiring the Purchased Shares by exercise of this Option subject to all other terms and conditions of the Notice of Stock Option Grant and the Stock Option Agreement that govern the Option, including without limitation the terms of the Company's 2015 2013 Equity Incentive Plan, as it may be amended (the "Plan"). View More

Severability. If any provision of this Agreement is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto. If such clause or provision cannot be so enforced, such provision shall be stricken from this Agreement and the remainder of this Agreement shall be enforced as if such invalid, illegal or unenforceable clause or provision had (to the exte...nt not enforceable) never been contained in this Agreement. Notwithstanding the forgoing, if the value of this Agreement based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. * * * * * Attachment: Attachments: Annex A: Form of Stock Option Exercise Notice and Agreement 11 12 EXHIBIT A EARLY EXERCISE FORM ANNEX A FORM OF STOCK OPTION EXERCISE NOTICE AND AGREEMENT EARLY EXERCISE FORM STOCK OPTION EXERCISE NOTICE AND AGREEMENT BOLT THERAPEUTICS, ARCUTIS, INC. 2015 2017 EQUITY INCENTIVE PLAN *NOTE: You must sign this Notice on Page 3 before submitting it to Bolt Therapeutics, Arcutis, Inc. (the "Company"). Optionee information: "Company") AND, if requested to do so by the Company, you must also sign the then-current signature pages to the Company's then-current Company Co-Sale Agreement and Company Voting Agreement (as those terms are defined in the Stock Option Agreement) before submitting this Notice to the Company. OPTIONEE INFORMATION: Please provide the Following following information about yourself (Optionee) ("Optionee"): Name: «Optionee» Social Security Number: Address: Employee Number: Email Address: OPTION INFORMATION: Please provide this information on the option being exercised (the "Option"): Grant No. «No» Date of Grant: «Grant_Date» Type of Stock Option: Option Price per Share: $ ☐ Nonqualified (NQSO) Total number of shares of Common Stock of the Company ☐ Incentive (ISO) subject to the Option: «Total_Number_of_Options» ☐ Incentive (ISO) EXERCISE INFORMATION: Number of shares of Common Stock of the Company for which the Option is now being exercised[ exercised [ ]. (These shares are referred to below as the "Purchased Shares.") Total Exercise Price Being Paid for the Purchased Shares: $ Form of payment enclosed [check all that apply]: ☐ Check for $ , payable to "Bolt Therapeutics, Inc." "[ARCUTIS, INC.]." ☐ Certificate(s) for shares of Common Stock of the Company. These shares will be valued as of the date this notice is received by the Company. [Requires Company consent.] AGREEMENTS, REPRESENTATIONS AND ACKNOWLEDGMENTS OF OPTIONEE: By signing this Stock Option Exercise Notice and Agreement, Optionee hereby agrees with, and represents to, the Company as follows: 1. Terms Governing. I acknowledge and agree with the Company that I am acquiring the Purchased Shares by exercise of this Option subject to all other terms and conditions of the Notice of Stock Option Grant and the Stock Option Agreement that govern the Option, including without limitation the terms of the Company's 2015 2017 Equity Incentive Plan, as it may be amended (the "Plan"). View More

Severability. If any provision of this Agreement is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto. If such clause or provision cannot be so enforced, such provision shall be stricken from this Agreement and the remainder of this Agreement shall be enforced as if such invalid, illegal or unenforceable clause or provision had (to the exte...nt not enforceable) never been contained in this Agreement. Notwithstanding the forgoing, if the value of this Agreement based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. * * * * * Attachment: Attachments: Annex A: Form of Stock Option Exercise Notice and Agreement 11 ANNEX A FORM OF STOCK OPTION EXERCISE NOTICE AND AGREEMENT STOCK OPTION EXERCISE NOTICE AND AGREEMENT BOLT THERAPEUTICS, SAMSARA NETWORKS INC. 2015 EQUITY INCENTIVE PLAN *NOTE: You must sign this Notice on Page 3 before submitting it to Bolt Therapeutics, Samsara Networks Inc. (the "Company"). Optionee information: OPTIONEE INFORMATION: Please provide the Following following information about yourself (Optionee) ("Optionee"): Name: Social Security Number: Address: Employee Number: OPTION INFORMATION: Please provide this information on the option being exercised (the "Option"): Grant No. Date of Grant: Type of Stock Option: Option Price per Share: $ ☐ Nonqualified (NQSO) Total number of shares of Common Stock of the Company ☐ Incentive (ISO) subject to the Option: EXERCISE INFORMATION: Number of shares of Common Stock of the Company for which the Option is now being exercised[ exercised [ ]. (These shares are referred to below as the "Purchased Shares.") Total Exercise Price Being Paid for the Purchased Shares: Shares $ Form of payment enclosed [check all that apply]: ☐ apply] [ ] Check for $ , payable to "Bolt Therapeutics, Inc." ☐ (including ACH) [ ] Certificate(s) for shares of Common Stock of the Company. These shares will be valued as of the date of this notice is received by the Company. Company [Requires Company consent.] Consent.] AGREEMENTS, REPRESENTATIONS AND ACKNOWLEDGMENTS OF OPTIONEE: By signing this Stock Option Exercise Notice and Agreement, Optionee hereby agrees with, and represents to, the Company as follows: 1. 23. Terms Governing. I acknowledge and agree with the Company that I am acquiring the Purchased Shares by exercise of this Option subject to all other terms and conditions of the Notice of Stock Option Grant and the Stock Option Agreement that govern the Option, including without limitation the terms of the Company's 2015 Equity Incentive Plan, as it may be amended (the "Plan"). View More