Severability Contract Clauses (27,855)

Severability. If any court of competent jurisdiction determines that any provision contained in this Letter, or any part thereof, is unenforceable for any reason, such court shall have the power to modify the duration or scope of such provision, or otherwise modify such provision, as the case may be, and in its reduced form such provision shall then be enforceable. If, notwithstanding the preceding sentence, any court of competent jurisdiction determines that any provision contained in this Letter, or any par...t thereof, is unenforceable and cannot, for any reason, be modified and enforced as described in the preceding sentence, such determination shall not affect, impair or invalidate the remainder of this Letter. Consulting Agreement Mr. Carl S. Thigpen May 1, 2020 Page 4 of 5 10. Governing Law; Venue. The validity of this Letter and the rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of Alabama; provided, however, that if any provision of this Letter is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision shall to such extent as it shall be determined to be illegal, invalid or unenforceable under such law be deemed null and void, but this Letter shall otherwise remain in full force. Suit to enforce any provision of this Letter, or any right, remedy or other matter arising there from, will be brought exclusively in the state or federal courts located in Jefferson County, Alabama. The parties, therefore, consent to venue in Jefferson County, Alabama and to the in personam jurisdiction of the aforementioned courts. View More

Severability. If any provision of this Agreement is determined to be unenforceable, the parties agree that such provision should be modified so that it is enforceable or, if modification is not possible, that it should be severed, and the enforceability of the remaining provisions will not be affected by such modification or severance.

Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, and each other provision of this Agreement shall be severable and enforceable to the extent permitted by law and any court determining the unenforceability of any provisions shall have the power to reduce the scope or duration of such provision to render such provision enforceable.

Severability. If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein.23. Company Action. Any action required of the Company shall be by resolution of the Board or by a person or entity authorized to act by resolution of the Board.24. Heading...s. The titles and headings of Sections are included for convenience of reference only and are not to be considered in construction of the provisions hereof.25. Governing Law. All questions arising with respect to the provisions of this Agreement shall be determined by application of the laws of Texas, without giving any effect to any conflict of law provisions thereof, except to the extent Texas state law is preempted by federal law. The obligation of the Company to sell and deliver Shares hereunder is subject to applicable laws and to the approval of any governmental authority required in connection with the authorization, issuance, sale, or delivery of such Shares.26. Consent to Texas Jurisdiction and Venue. You hereby consent and agree that state courts located in Dallas, Texas and the United States District Court for the Northern District of Texas each shall have personal jurisdiction and proper venue with respect to any dispute between you and the Company arising in connection with the Performance Share Units or this Agreement. In any dispute with the Company, you will not raise, and you hereby expressly waive, any objection or defense to any such jurisdiction as an inconvenient forum. View More

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, 6 unenforceable, or void, this Separation Agreement shall continue in full force and effect without said provision or portion of provision.

Severability. If any provision of this Agreement or application thereof to anyone or under any circumstances is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other provision or application of this Agreement which can be given effect without the invalid or unenforceable provision or application and shall not invalidate or render unenforceable such provision or application in any other jurisdiction. If any provision is held void, invalid... or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. 9 10. Remedies Cumulative; No Waiver. No remedy conferred upon a party by this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to any other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission by a party in exercising any right, remedy or power under this Agreement or existing at law or in equity shall be construed as a waiver thereof, and any such right, remedy or power may be exercised by such party from time to time and as often as may be deemed expedient or necessary by such party in its sole discretion. View More

Severability. With the exception of the release contained in Section 3, the provisions of this Agreement are severable and if any part of it is found to be unenforceable the other sections shall remain fully and validly enforceable. If the general release and covenant not to sue set forth in Section 3 of this Agreement is found to be unenforceable, this Agreement shall be null and void and Employee will be required to return to the Company all Consideration already paid to Employee. The language of all valid ...parts of this Agreement shall in all cases be construed as a whole, according to fair meaning, and not strictly for or against any of the parties. View More

Severability. If any provision of this Agreement, or the application of any such provision to any person or circumstance, is held to be unenforceable or invalid by any court of competent jurisdiction or under any applicable law, the parties shall negotiate an equitable adjustment to the provisions of this Agreement with the view to effecting, to the greatest extent possible, the original purpose and intent of this Agreement, and in any event, the validity and enforceability of the remaining provisions of this... Agreement shall not be affected thereby. View More

Severability. If any provision of this Agreement, or the application of any such provision to any person or circumstance, is held to be unenforceable or invalid by any court of competent jurisdiction or under any applicable law, the parties shall negotiate an equitable adjustment to the provisions of this Agreement with the view to effecting, to the greatest extent possible, the original purpose and intent of this Agreement, and in any event, the validity and enforceability of the remaining provisions of this... Agreement shall not be affected thereby. 3 17. CLAWBACK. Pursuant to Section 14.5 of the Plan, every Award issued pursuant to the Plan is subject to potential forfeiture or clawback to the fullest extent called for by Company policy or applicable law. By accepting this Award, Grantee agrees to be bound by, and comply with, the terms of any such forfeiture or clawback provision. View More

Severability. If one or more provisions of this Amendment are held to be unenforceable under applicable law, such provision shall be excluded from this Amendment and the balance of the Amendment shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.