Severability Contract Clauses (27,855)

Severability. In the event that any one or more of the provisions of this Agreement are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby.

Severability. The various provisions of this Agreement are severable in their entirety. Any determination of invalidity or unenforceability of any one provision shall have no effect on the continuing force and effect of the remaining provisions. To evidence their agreement to the terms, conditions and restrictions hereof, the Company and the Employee have signed this Agreement as of the date first above written. PINNACLE BANKSHARES CORPORATION By Aubrey H. Hall, III "Todd" Its President & CEO EMPLOYEE PINNAC...NKSHARES CORPORATION 2004 INCENTIVE STOCK PLAN INCENTIVE STOCK OPTION AGREEMENT WITH TANDEM SAR NOTICE OF EXERCISE [ ] Option Exercise I, <> hereby exercise the Option granted to me as of <> and elect to purchase (Number) shares of the Stock of Pinnacle Bankshares Corporation at the Option Price of $ per share. I am enclosing a check made payable to the Company for $ and/or shares of the Stock of the Company as payment in full for the shares of Stock of the Company to be acquired upon exercise of this Option. [ ] Tandem SAR Exercise I, <> hereby exercise the Tandem SAR granted to me as of <> with respect to (Number) shares of the Stock of Pinnacle Bankshares Corporation covered by the Tandem SAR. Tax Withholding Select one of the following methods for payment of withholding taxes and fees generated by the exercise of the Option or Tandem SAR. [ ] Cash I am remitting payment to the Company for the full amount due for withholding taxes. [ ] Common Stock I am remitting Stock for the full amount due for withholding taxes. [ ] Not Applicable This transaction is an ISO exercise. General I agree to provide the Company with such other documents and representations as it deems appropriate in order for me to exercise this Option and/or Tandem SAR. Date: <> EX-10.8 10 d217089dex108.htm EX-10.8 EX-10.8 Exhibit 10.8 PINNACLE BANKSHARES CORPORATION 2004 INCENTIVE STOCK PLAN FORM OF INCENTIVE STOCK OPTION AGREEMENT WITH TANDEM SAR Granted <> This Incentive Stock Option Agreement with Tandem SAR ("Agreement") is entered into as of <> pursuant to the 2004 Incentive Stock Plan, as amended December 20, 2012 (the "Plan"), of Pinnacle Bankshares Corporation, a Virginia corporation (the "Company"), and evidences the grant of an Option and Tandem SAR (as defined in the Plan), and the terms, conditions and restrictions pertaining thereto, to <> (the "Employee"). View More

Severability. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 3 13. Notices. All notices, demands and other communications provided for or permitted hereunder shall be made in w...riting and shall be by electronic mail: if to Assignor: Inpixon 2479 E. Bayshore Rd. Palo Alto, CA Attention: Melanie Figueroa, General Counsel. Email Address:******* With a concurrent copy (which shall not constitute notice) to: Greenberg Traurig, LLP Attention: Kevin Friedmann, Esq. Email Address: ******* if to Assignee: Systat Software, Inc. c/o Cranes Software International Ltd. # 82 Presidency Building 3 & 4th Floor St. Mark's Road Bengaluru, India 560001 E-mail: ******* Attn: Mueed Khader with a copy (which shall not constitute notice) to: ******* if to Borrower: Sysorex, Inc. 13880 Dulles Corner Lane Suite 175 Herndon, VA 20171 Attn: Zaman Khan ******* with a copy (which shall not constitute notice) to: Adams Corporate Law, Inc. Attention: Addison K. Adams, Esq. Email Address: ******* All such notices, demands and other communications shall be deemed to have been duly given on the business day sent (or next business day if not sent on a business day or not sent during normal business hours of the recipient) by e-mail to the designated e-mail address set forth above (or to such other e-mail address as a party may designate by written notice to the other parties), provided the sender produces a record of transmission if requested by the addressee. View More

Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever, (i) the validity, legality and enforceability of the remaining provisions of the Agreement (including, without limitation, all portions of any paragraphs of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that are not themselves invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby, and (ii) ...to the fullest extent possible, the provisions of this Agreement (including, without limitation, all portions of any paragraphs of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that are not themselves invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, illegal or unenforceable. 8 12. Supersession, Modification and Waiver. This Agreement supersedes any prior indemnification agreement between the Indemnitee and the Company, its Subsidiaries or its Affiliates. If the Company and Indemnitee have previously entered into an indemnification agreement providing for the indemnification of Indemnitee by the Company, parties entry into this Agreement shall be deemed to amend and restate such prior agreement to read in its entirety as, and be superseded by, this Agreement. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) and except as expressly provided herein, no such waiver shall constitute a continuing waiver. View More

Severability. In the event that a court of competent jurisdiction holds any provision of this Agreement to be invalid, such holding shall have no effect on the remaining provisions of this Agreement, and they shall continue in full force and effect.

Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the court will modify such provision to the minimum extent necessary to make such provision valid and enforceable or, if that is not possible, the court will strike such provision from this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the force, effect, and validity of the remaining provisions of this Agreement; provided, however, th...at Section 8 of this Agreement shall be deemed to be an essential term of this Agreement and, to the extent such Section is deemed invalid or unenforceable, in whole or in part, the remainder of this Agreement will be enforceable, if at all, solely at HYMC's option. View More

Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such term or provision will be limited to the extent necessary or stricken so as to make the provision valid and enforceable to the fullest extent permitted by law. Such limitation or striking will not affect any of the remaining provisions of this Agreement, which will continue in full force and effect as written.

Severability. Nothing in this Agreement is intended to require or shall be construed as requiring the Company to do or fail to do any act in violation of applicable law. The Company's inability, pursuant to court order or other applicable law, to perform its obligations under this Agreement shall not constitute a breach of this Agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (i) the validity, legality and enforceabili...ty of the remaining provisions of this Agreement (including without limitation, each portion of any section of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by applicable law; (ii) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to -16- the intent of the parties hereto; and (iii) to the fullest extent permitted by applicable law, the provisions of this Agreement (including, without limitation, each portion of any section of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby. Without limiting the generality of the foregoing, this Agreement is intended to confer upon Indemnitee and Appointing Stockholder indemnification rights to the fullest extent permitted by applicable law. View More

Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired th...ereby and shall remain enforceable to the fullest extent permitted by applicable law (and the Articles); (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby. View More

Severability. Should any term of this Restrictive Covenant Agreement be held unenforceable by a competent court, the parties authorize and agree that the term should be enforced and the intent of the Restrictive Covenant Agreement should be fulfilled to the greatest extent possible through judicial modification and the unaffected terms will remain in effect.