Severability Contract Clauses (27,855)

Severability. If a provision of this Agreement is held invalid by a court of competent jurisdiction, the remaining provisions will nonetheless be enforceable according to their terms. Further, if any provision is held to be overbroad as written, that provision shall be amended to narrow its application to the extent necessary to make the provision enforceable according to applicable law and enforced as amended.16. Plan Governs. The Award evidenced by this Agreement is granted pursuant to the Plan, and the Res...tricted Stock Units, and Dividend Equivalent Units and this Agreement are in all respects governed by the Plan and subject to all of the terms and provisions thereof, whether such terms and provisions are incorporated in this Agreement by reference or are expressly cited.17. Code Section 409A Rules. (a) Compliance. Notwithstanding anything herein to the contrary, this Agreement is intended to be interpreted and applied so that the payments and benefits set forth herein either shall either be exempt from the requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the "Code"), or shall comply with the requirements of Code Section 409A, and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be exempt from or in compliance with Code Section 409A. (b) Separate Payments. Notwithstanding anything in this Agreement to the contrary, the right to receive installment payments hereunder shall be treated as a right to receive a series of separate payments in accordance with Code Section 409A and Final Treasury Regulation Section 1.409A-2(b)(2)(iii). (c) Short-Term Deferral. Except as otherwise specifically provided, amounts payable under this Agreement, other than those expressly payable on a deferred or installment basis, will be paid as promptly as practicable following the date they are earned and vested and, in any event, on or prior to March 15 of the year following the first calendar year in which such amounts are no longer subject to a substantial risk of forfeiture, as such term is defined in Section 409A of the Code. (d) Separation from Service. Notwithstanding anything in this Agreement or elsewhere to the contrary, a termination of Participant's service with the Board of Directors shall not be deemed to have occurred for purposes of any provision of this Agreement providing for the payment of any amounts or benefits that constitute "non-qualified deferred compensation" within the meaning of Code Section 409A upon or following a termination of Participant's service unless such termination is also a "separation from service" within the meaning of Code 4 Section 409A and, for purposes of any such provision of this Agreement, references to a "termination," "termination of service" or like terms shall mean "separation from service" and the date of such separation from service shall be the "Termination Date" for purposes of any such payment or benefits. (e) No Designation. In no event may Participant, directly or indirectly, designate the calendar year of any payment to be made under this Agreement or otherwise that constitutes a "deferral of compensation" within the meaning of Code Section 409A.5 EX-10.1 2 a02-024ambcex10x1x2q2110q.htm EX-10.1 DocumentExhibit 10.1AMBAC FINANCIAL GROUP, INC.RESTRICTED STOCK UNIT AGREEMENT<[Insert Name]> (the "Participant") has been granted a Full Value Award under the Ambac Financial Group, Inc. 2020 Incentive Compensation Plan (the "Plan") in the form of restricted stock units (the "Award"). The Award shall be effective as of <[Insert Date]> (the "Grant Date"). The Award shall be subject to the following terms and conditions (sometimes referred to as this "Agreement"). View More

Severability. If any provision, paragraph or subparagraph of this Agreement is found by any court to be void or unenforceable in whole or in part, this determination shall not affect the validity of the remainder of the Agreement, including any other provision, paragraph or subparagraph. Each provision, paragraph, and subparagraph of this Agreement is separable from every other provision, paragraph and subparagraph and constitutes a separate and distinct covenant. The parties agree, however, that should a cou...rt construing this Agreement determine that any provision of the Agreement is overbroad or unenforceable, the court shall reform any overbroad or unenforceable provision in a manner that provides the Company with the greatest level of protection permissible under applicable law. View More

Severability. If any provision of this Agreement or application thereof to anyone or under any circumstances shall be determined to be invalid or unenforceable, such invalidity or 9 unenforceability shall not affect any other provisions or applications of this Agreement which can be given effect without the invalid or unenforceable provision or application.

Severability. The invalidity or unenforceability of any provision of the Plan or this Agreement shall not affect the validity or enforceability of any other provision of the Plan or this Agreement, and each provision of the Plan and this Agreement shall be severable and enforceable to the extent permitted by law. Page 9 ACTIVE 259034022 APPENDIX B Target Group Crestwood Equity Partners LPDCP Midstream, LPEnergy Transfer LPEnLink Midstream, LLCEnterprise Products Partners, LPGenesis Energy, L.P.Magellan Midstr...eam Partners, L.P.MPLX LPNuStar Energy L.P.ONEOK, Inc.Plains All American Pipeline, L.P.Targa Resources Corp. Page 10 ACTIVE 259034022 EX-10.02 2 ns2q2110-qex1002.htm EXHIBIT-10.02 DocumentPERFORMANCE CASH AWARD AGREEMENTThis Performance Cash Award Agreement ("Agreement"), effective as of July 19, 2021 ("Grant Date"), is between NuStar Energy L.P. (the "Partnership") and the recipient of this Agreement ("Participant"), a participant in the Amended and Restated NuStar Energy L.P. 2019 Long-Term Incentive Plan, as the same may be amended (the "Plan"), pursuant to and subject to the provisions of the Plan. All capitalized terms contained in this Agreement shall have the same definitions as are set forth in the Plan unless otherwise defined herein. The terms governing this Award are set forth below. Certain provisions applicable to this Agreement are set forth on Appendix A. View More

Severability. If any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected. 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 en...forceable) never been contained in this Agreement. View More

Severability. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto.... Upon such a determination, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible. View More

Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: the validity, legality and enforceability of the remaining provisions of this Agreement (including 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 thereby and shall remain en...forceable to the fullest extent permitted by law; (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 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. If any provision or provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, illegal or otherwise 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 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 wa...y be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; and (b) to the fullest extent possible, 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 indemnification rights to the fullest extent permitted by applicable laws. In the event any provision hereof conflicts with any applicable law, such provision shall be deemed modified, consistent with the aforementioned intent, to the extent necessary to resolve such conflict. View More

Severability. If any provisions(s) of this Agreement shall be found invalid or unenforceable, in whole or in part, then it is the parties' mutual desire that such provision(s) be modified to the extent and in the manner necessary to render the same valid and enforceable, and this Agreement shall be construed and enforced to the maximum extent permitted by law, as if such provision(s) had been originally incorporated herein as so modified or restricted, or as if such provision(s) had not been originally incorp...orated herein, as the case may be. View More

Severability. The provisions of this Restated Agreement other than Exhibit A are severable, and the unenforceability of any such provision of this Restated Agreement will not affect the enforceability of the remainder of this Restated Agreement. The parties acknowledge that it is their intention that if any provision of this Restated Agreement other than Exhibit A is determined by a court to be unenforceable as drafted, that provision should be construed in a manner designed to effectuate the parties' purpose... in agreeing to that provision to the greatest extent possible under applicable law. View More