Severability Contract Clauses (75,285)
Grouped Into 640 Collections of Similar Clauses From Business Contracts
This page contains Severability clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Severability. The covenants in this Agreement are severable, and if any covenant or portion thereof is held to be invalid or unenforceable for any reason, such covenant or portion thereof shall be modified or adjusted by a court or other tribunal exercising its equitable powers to the extent necessary to cure such invalidity or unenforceability, and all other covenants and provisions shall remain valid and enforceable.
Severability. The covenants in this Agreement are severable, and if any covenant or portion thereof is held to be invalid or unenforceable for any reason, such covenant or portion thereof shall be modified
or adjusted by a court or other tribunal exercising its equitable powers to the extent necessary to cure such invalidity or
unenforceability, unenforceability and all other covenants and provisions shall remain valid and enforceable.
Severability. The covenants in this Agreement are severable, and if any covenant or portion
thereof hereof is held to be
invalid invalid, illegal or unenforceable for any reason, such covenant or portion thereof shall be modified or adjusted by a court
or other tribunal exercising its equitable powers to the extent necessary to cure such invalidity or unenforceability, and all other covenants and provisions shall remain valid and
enforceable. enforceable to the fullest extent permitted by applicable law.
Severability. The covenants in this
Consultant Agreement are
severable, severable and if any covenant or portion thereof is held to be invalid or unenforceable for any reason, such covenant or portion thereof shall be modified or adjusted
by a court or other tribunal exercising its equitable powers to the extent necessary to cure
such the invalidity or unenforceability, and all other covenants
and or provisions shall remain valid and enforceable.
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Severability. In case any one or more of the provisions of this Plan (or part thereof) shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions hereof, and this Plan shall be construed as if such invalid, illegal or unenforceable provisions (or part thereof) never had been contained herein. 12 19. Non-Assignability. No right or interest of any Covered Employee in the Plan shall be assignable or transferable in
... whole or in part either directly or by operation of law or otherwise, including, but not limited to, execution, levy, garnishment, attachment, pledge or bankruptcy.
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Severability. In case any one or more of the provisions of this Plan (or part thereof) shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions hereof, and this Plan shall be construed as if such invalid, illegal or unenforceable provisions (or part thereof) never had been contained herein.
12 19. 7 ActiveUS 171331276v.5 15. Non-Assignability. No right or interest of any
Covered Employee in the Plan Participant... shall be assignable or transferable in whole or in part either directly or by operation of law or otherwise, including, but not limited to, execution, levy, garnishment, attachment, pledge or bankruptcy. bankruptcy; provided, however, that this provision shall not be applicable in the case of the obligations of the Company.
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Severability. In case any one or more of the provisions of this Plan (or part thereof) shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions hereof, and this Plan shall be construed as if such invalid, illegal or unenforceable provisions (or part thereof) never had been contained herein.
12 19. 13 20. Non-Assignability. No right or interest of any Covered
Employee Executive in the Plan shall be assignable or
... transferable in whole or in part either directly or by operation of law or otherwise, including, but not limited to, execution, levy, garnishment, attachment, pledge or bankruptcy.
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Severability. In case any one
(1) or more of the provisions of this Plan (or part thereof) shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions hereof, and this Plan shall be construed as if such invalid, illegal or unenforceable provisions (or part thereof) never had been contained herein.
12 19. 11 18. Non-Assignability. No right or interest of any Covered Employee in the Plan shall be assignable or
... transferable in whole or in part either directly or by operation of law or otherwise, including, but not limited to, execution, levy, garnishment, attachment, pledge or bankruptcy.
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Severability. If any provision of this Note becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from this Note, and such court will replace such illegal, void or unenforceable provision of this Note with a valid and enforceable provision that will achieve, to the extent possible, the same economic, business and other purposes of the illegal, void or
... unenforceable provision. The balance of this Note shall be enforceable in accordance with its terms.
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Severability. If any provision of this
Note Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from this
Note, Agreement, and such court will replace such illegal, void or unenforceable provision of this
Note Agreement with a valid and enforceable provision that will achieve, to the extent possible, the same economic, business and other purposes of
... the illegal, void or unenforceable provision. The balance of this Note Agreement shall be enforceable in accordance with its terms.
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Severability. If any provision of this Note becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from this Note, and such court will replace such illegal, void or unenforceable provision of this Note with a valid and enforceable provision that will achieve, to the extent possible, the same economic, business and other purposes of the illegal, void or
... unenforceable provision. The balance of this Note shall be enforceable in accordance with its terms. 13 15. Counterparts. This Note may be executed in any number of counterparts, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument.
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Severability.
If In the event that any provision of this Note becomes
void or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from this
Note, Agreement, and such court
will (or the parties hereto, pursuant to Section 11 hereof, if such court declines to do so) shall replace such illegal, void or unenforceable provision of this Note with a valid and enforceable
... provision that will achieve, to the greatest extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of this Note shall be remain enforceable in accordance with its terms.
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Severability. In the event that any provision or any portion of any provision hereof or any surviving agreement made a part hereof becomes or is declared by a court of competent jurisdiction or arbitrator to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without said provision or portion of provision. 4 22. Attorneys' Fees. Except with regard to a legal action challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA,
... in the event that either Party brings an action to enforce or effect its rights under this Agreement, the prevailing Party shall be entitled to recover its costs and expenses, including the costs of mediation, arbitration, litigation, court fees, and reasonable attorneys' fees incurred in connection with such an action.
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Severability. In the event that any provision or any portion of any provision hereof or any surviving agreement made a part hereof becomes or is declared by a court of competent jurisdiction or arbitrator to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without said provision or portion of provision.
4 22. 6 24. Attorneys' Fees. Except with regard to a legal action challenging or seeking a determination in good faith of the validity of the waiver herein under the
... ADEA, in the event that either Party brings an action to enforce or effect its rights under this Agreement, the prevailing Party (the Party receiving substantially the relief sought) shall be entitled to recover its costs and expenses, including the costs of mediation, arbitration, litigation, court fees, and reasonable attorneys' fees incurred in connection with such an action.
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Severability. In the event that any provision or any portion of any provision hereof or any surviving agreement made a part hereof becomes or is declared by a court of competent jurisdiction or arbitrator to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without said provision or portion of provision.
4 22. Attorneys' 0 DocuSign Envelope ID: F7DBC1FF-65F5-4693-B92E-A83AF74A5718 22.Attorneys' Fees. Except with regard to a legal action challenging or seeking a
... determination in good faith of the validity of the waiver herein under the ADEA, in the event that either Party brings an action to enforce or effect its rights under this Agreement, the prevailing Party shall be entitled to recover its costs and expenses, including the costs of mediation, arbitration, litigation, court fees, and reasonable attorneys' fees incurred in connection with such an action.
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Severability. In the event that any
provision provision, or any portion
of any provision hereof or any surviving agreement made a part hereof thereof, becomes or is declared by a court of competent jurisdiction
or arbitrator to be illegal,
unenforceable, unenforceable or void, this Agreement shall continue in full force and effect without said provision or portion of
said provision.
4 22. 6 24. Attorneys' Fees. Except
with regard to a legal action challenging or seeking a determination as provided in
good... faith of the validity of the waiver herein under the ADEA, Section 7 hereof, in the event that either Party brings an action to enforce or effect its rights under this Agreement, the prevailing Party shall be entitled to recover its costs and expenses, including the costs of mediation, arbitration, litigation, court fees, and plus reasonable attorneys' fees fees, incurred in connection with such an action.
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Severability. If any portion of this Agreement shall be held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be considered valid and operative and effect shall be given to the intent manifested by the portion held invalid or inoperative.
Severability. If any portion of this Agreement
shall be is held invalid or inoperative,
then the other portions of this Agreement shall be deemed valid and operative and, so far as is reasonable and
possible the remainder of this Agreement shall be considered valid and operative and possible, effect shall be given to the intent manifested by the portion held invalid or inoperative.
Severability. If any portion of this Agreement shall be held invalid or inoperative,
then then, so far as is reasonable and possible
(i) the remainder of this Agreement shall be considered valid and operative and
(ii) effect shall be given to the intent manifested by the portion held invalid or inoperative.
Severability. If any portion of this Agreement shall be held invalid or inoperative, then so far as is reasonable and possible
(i) the remainder of this Agreement shall be considered valid and operative and
(ii) effect shall be given to the intent manifested by the portion held invalid or inoperative.
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Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, such provision shall be fully severable and the remaining provisions shall remain in full force and effect and shall be construed without giving effect to the illegal, invalid or unenforceable provisions.
Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, such provision shall be fully severable and the remaining provisions shall remain in full force and effect and shall be construed without giving effect to the illegal, invalid or unenforceable provisions.
[Remainder of page intentionally blank.]
Severability. If any provision of
any of this
Agreement Amendment or of the Credit Agreement, as amended hereby, is determined to be illegal, invalid or unenforceable, such provision shall be fully severable and the remaining provisions shall remain in full force and effect and shall be construed without giving effect to the illegal, invalid or unenforceable provisions.
Severability. If any provision of this
Pledge Agreement is determined to be illegal, invalid or unenforceable, such provision
shall will be fully severable and the remaining provisions
shall will remain in full force and effect and
shall will be construed without giving effect to the illegal, invalid or unenforceable provisions.
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Severability. If any provision of this Agreement is held to be unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties to the extent possible. In any event, all other provisions of this Agreement shall be deemed valid and enforceable to the full extent possible.
Severability. If any provision of this Agreement is held to be unenforceable for any reason,
then it shall be adjusted rather than voided, if possible, in order to achieve the intent of the
parties Parties to this Agreement to the extent possible.
In any event, all other provisions of this Agreement shall be deemed valid and enforceable to the full extent possible.
Severability. If any provision of
this the Award Agreement is held to be unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties to the extent possible. In any event, all other provisions of
this the Award Agreement shall be deemed valid and enforceable to the full extent possible.
Severability. If any provision of this
Agreement Amendment is held
by a court or arbitrator of competent jurisdiction to be unenforceable for any reason,
it then such provision shall be adjusted rather than voided, if possible,
in order to achieve the intent of the parties
hereto to the extent possible. In any event, all other provisions of this
Agreement Amendment shall be deemed valid and enforceable to the
full extent possible.
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Severability. If any provision of this Agreement shall be found by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, then such provision shall be construed and/or modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be construed and enforced to the maximum extent permitted by law, as if such provision had been originally
... incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be. The parties further agree to seek a lawful substitute for any provision found to be unlawful; provided, that, if the parties are unable to agree upon a lawful substitute, the parties desire and request that a court or other authority called upon to decide the enforceability of this Agreement modify the Agreement so that, once modified, the Agreement will be enforceable to the maximum extent permitted by the law in existence at the time of the requested enforcement.
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Severability. If any provision of this Agreement shall be found
by a court of competent jurisdiction to be invalid or
unenforceable, unenforceable for any reason, in whole or in part, then such provision shall be
construed and/or modified deemed modified, restricted, or
restricted reformulated to the extent and in the manner necessary to render the same valid and enforceable, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be construed and enforced to the
... maximum extent permitted by law, as if such provision had been originally incorporated herein as so modified modified, restricted, or restricted, reformulated or as if such provision had not been originally incorporated herein, as the case may be. The parties further agree to seek a lawful substitute for any provision found to be unlawful; provided, that, if the parties are unable to agree upon a lawful substitute, the parties desire and request that a court or other authority called upon to decide the enforceability of this Agreement modify the those restrictions in this Agreement so that, once modified, the Agreement will be result in an agreement that is enforceable to the maximum extent permitted by the law in existence at the time of the requested enforcement.
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Severability. If any provision of this Agreement shall be found
by a court of competent jurisdiction to be invalid or
unenforceable, unenforceable for any reason, in whole or in part, then such provision shall be
construed and/or modified deemed modified, restricted, or
restricted reformulated to the extent and in the manner necessary to render the same valid and enforceable, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be construed and enforced to the
... maximum extent permitted by law, as if such provision had been originally incorporated herein as so modified modified, restricted, or restricted, reformulated or as if such provision had not been originally incorporated herein, as the case may be. The parties further agree to seek a lawful substitute for any provision found to be unlawful; provided, that, if the parties are unable to agree upon a lawful substitute, the parties desire and request that a court or other authority called upon to decide the enforceability of this Agreement modify the those restrictions in this Agreement so that, once modified, the Agreement will be result in an agreement that is enforceable to the maximum extent permitted by the law in existence at the time of the requested enforcement.
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Severability. If any provision of this
Agreement Release shall be found by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, then such provision shall be construed and/or modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, or shall be deemed excised from this
Agreement, Release, as the case may require, and this
Agreement Release shall be construed and enforced to the maximum extent permitted by law, as if such
... provision had been originally incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be. The parties further agree to seek a lawful substitute for any provision found to be unlawful; provided, that, if the parties are unable to agree upon a lawful substitute, the parties desire and request that a court or other authority called upon to decide the enforceability of this Agreement Release modify the Agreement Release so that, once modified, the Agreement Release will be enforceable to the maximum extent permitted by the law in existence at the time of the requested enforcement.
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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
... extent 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: 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, INC. 2015 EQUITY INCENTIVE PLAN *NOTE: You must sign this Notice on Page 3 before submitting it to Bolt Therapeutics, Inc. (the "Company"). Optionee information: Please provide the Following information about yourself (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[ ]. (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." ☐ 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 Equity Incentive Plan, as it may be amended (the "Plan").
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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
... extent 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").
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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
... extent 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").
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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
... extent 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").
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Severability. If any provision of this Agreement shall be held invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision, only to the extent it is invalid or unenforceable, and shall not in any manner affect or render invalid or unenforceable any other severable provision of this Agreement, and this Agreement shall be carried out as if any such invalid or unenforceable provision were not contained herein.
Severability. If any provision of this Agreement shall be held
to be invalid or unenforceable,
and is not reformed by a court of competent jurisdiction, such invalidity or unenforceability shall attach only to such
provision, only to the extent it is invalid or unenforceable, provision and shall not in any
manner way affect or render invalid or unenforceable any other
severable provision of this Agreement, and this Agreement shall be carried out as if
any such invalid or unenforceable provision were not
... contained herein.
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Severability. If any provision of this Agreement shall be held
to be illegal, invalid or unenforceable, such
illegality, invalidity or unenforceability shall attach only to such
provision, only to the extent it is invalid or unenforceable, provision and shall not in any manner affect or render
illegal, invalid or unenforceable any other
severable provision of this Agreement, and this Agreement shall be carried out as if any such
illegal, invalid or unenforceable provision were not contained herein.
Severability. If any provision of this Agreement shall be held
to be illegal, invalid or unenforceable, such
illegality, invalidity or unenforceability shall attach only to such
provision, only to the extent it is invalid or unenforceable, provision and shall not in any manner affect or render
illegal, invalid or unenforceable any other
severable provision of this Agreement, and this Agreement shall be carried out as if any such
illegal, invalid or unenforceable provision were not contained herein.
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