Severability Contract Clauses (27,855)

Severability. If any part of this Option Agreement or the Plan is declared by any court or governmental authority to be unlawful or invalid, such unlawfulness or invalidity will not invalidate any portion of this Option Agreement or the Plan not declared to be unlawful or invalid. Any Section of this Option Agreement (or part of such a Section) so declared to be unlawful or invalid will, if possible, be construed in a manner which will give effect to the terms of such Section or part of a Section to the fulle...st extent possible while remaining lawful and valid 11. WAIVER. You acknowledge that a waiver by the Company of a breach of any provision of this Option Agreement shall not operate or be construed as a waiver of any other provision of this Option Agreement, or of any subsequent breach of this Option Agreement. View More

Severability. If any provision of this Agreement shall be held to be illegal or unenforceable, such provision shall be severed from this Agreement and the remainder thereof shall remain in full force and effect.

Severability. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. 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 and the Articles. 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 n...ecessary to resolve such conflict. View More

Severability. The obligations imposed by, and the provisions of, this agreement are severable and should be construed independently of each other. If any court of competent jurisdiction determines that any provision of this agreement is invalid or unenforceable, then such invalidity or unenforceability shall have no effect on the other provisions hereof, which shall remain valid, binding and enforceable and in full force and effect, and such invalid or unenforceable provision shall not affect the validity of ...any other provision. We look forward to your joining Modine. Please indicate your acceptance of this offer by signing where indicated below and returning an executed copy of this offer to me at your earliest convenience. Sincerely, /s/ Brian Agen Modine Manufacturing Company Brian Agen – Vice President, HR I accept this offer of employment with Modine Manufacturing Company and agree to the terms and conditions outlined in this letter. /s/ Adrian I. Peace July 9th, 2021 Adrian Peace Date Enclosures Cc: HR file EX-10.1 2 brhc10030241_ex10-1.htm EXHIBIT 10.1 Exhibit 10.1 July 2, 2021 Modine Manufacturing Company 1500 DeKoven Avenue Racine, Wisconsin 53403-2552 Tel. 262.636.1200 Fax 262.631.1742 Mr. Adrian Peace Address Withheld Dear Adrian, We are excited about the prospect of you joining Modine as Vice President of our Commercial and Industrial Solutions (CIS) Business Segment! This position is based out of our Racine, Wisconsin global headquarters, reporting to Neil Brinker – President and CEO. Outlined below are the terms and conditions of your position with Modine. In developing this offer, our goal has been to provide you with an attractive and competitive compensation package as you undertake your new position with Modine (Employment Start Date To be Determined). When you accept this offer and commence work on the Employment Start Date, the following will apply to you: 1. Base Salary. Your starting base salary will be $415,000 (or as paid bi-weekly by Modine $15,961.54), less applicable taxes, deductions and withholdings. Your base salary will be reviewed annually. View More

Severability. With the exception of Section 6 above, if any provision of this Agreement or the application thereof is held invalid, such invalidation shall not affect the other provisions or applications of this Agreement, and to this end the provisions of this Agreement are declared to be severable. In the event Section 6 is held unenforceable by a court of competent jurisdiction, the Company's obligations under Section 2 shall be null and void, and you shall be liable for the return and/or reimbursement of ...the payments listed therein. View More

Severability. If any provision of this letter agreement shall be declared invalid or illegal for any reason whatsoever, then notwithstanding such invalidity or illegality, the remaining terms and provisions of this letter agreement shall remain in full force and effect in the same manner as if the invalid or illegal provision had not been contained herein.

Severability. The provisions of the Subscription Agreement and these appendices are severable and if any one or more provisions are determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions nevertheless will be binding and enforceable. II. GLOBAL PROVISIONS APPLICABLE TO PARTICIPANTS IN ALL COUNTRIES OTHER THAN THE UNITED STATES [Insert country-specific provisions.] -8- EXHIBIT B HASHICORP, INC. 2021 EMPLOYEE STOCK PURCHASE PLAN NOTICE OF WITHDRAWAL The undersigned Par...ticipant in the Offering Period of the HashiCorp, Inc. 2021 Employee Stock Purchase Plan (the "Plan") that began on ____________, ______ (the "Offering Date") hereby notifies the Company that he or she hereby withdraws from the Offering Period. He or she hereby directs the Company to pay to the undersigned as promptly as practicable all the payroll deductions credited to his or her account with respect to such Offering Period. The undersigned understands and agrees that his or her option for such Offering Period will be terminated automatically. The undersigned understands further that no further payroll deductions will be made for the purchase of shares in the current Offering Period and the undersigned will be eligible to participate in succeeding Offering Periods only by delivering to the Company a new Subscription Agreement. Capitalized terms not otherwise defined herein will have the meaning ascribed to them under the Plan. Name and Address of Participant: Signature: Date: EX-10.4 10 d205906dex104.htm EX-10.4 EX-10.4 Exhibit 10.4 HASHICORP, INC. 2021 EMPLOYEE STOCK PURCHASE PLAN 1. Purpose. The purpose of the Plan is to provide employees of the Company and its Designated Companies with an opportunity to purchase Common Stock through accumulated Contributions. The Company intends for the Plan to have two components: a component that is intended to qualify as an "employee stock purchase plan" under Code Section 423 (the "423 Component") and a component that is not intended to qualify as an "employee stock purchase plan" under Code Section 423 (the "Non-423 Component"). The provisions of the 423 Component, accordingly, will be construed so as to extend and limit Plan participation in a uniform and nondiscriminatory basis consistent with the requirements of Code Section 423. In addition, this Plan authorizes the grant of an option to purchase shares of Common Stock under the Non-423 Component that does not qualify as an "employee stock purchase plan" under Code Section 423; an option granted under the Non-423 Component will provide for substantially the same benefits as an option granted under the 423 Component, except that a Non-423 Component option may include features necessary to comply with applicable non-U.S. laws pursuant to rules, procedures or sub-plans adopted by the Administrator. Except as otherwise provided herein or by the Administrator, the Non-423 Component will operate and be administered in the same manner as the 423 Component. View More

Severability. If any provision of this Agreement is determined to be void, illegal or enforceable, in whole or in part, then the other provisions shall remain in full force and effect as if the provision that was determined to be void, illegal, of unenforceable had not been contained herein. If the restrictions in Section 4 are deemed unenforceable as written, then the Parties expressly authorize the 11936.024 2752921v2 Page 7 court or arbitrator to revise, delete, or add to the restrictions contained in Sect...ion 4 to the extent necessary to enforce the intent of the Parties and to provide the Elevate Groups' goodwill, Company Information, and other business interests with effective protection. View More

Severability. If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or incapable of being enforced, then the Parties request that such court or panel modify such provision by "blue-penciling," reforming or otherwise modifying the provision in order to render such provision not invalid, illegal or incapable of being enforced and then enforce the provision as modified. The Parties further agree that each provision of this Agreement is severable from each other... provision of this Agreement11. Modification of Agreement: This Agreement shall not be modified, amended, or terminated unless such modification, amendment, or termination is executed in writing by the Employee, and an authorized representative of the Company.12. The Employee's Representations: Employee warrants that Employee is over the age of eighteen (18) and competent to sign this Agreement; that in signing this Agreement Employee is not relying on any statement or representation by the Company that is not contained in this Agreement, but is relying upon Employee's judgment and/or that of Employee's legal counsel and/or tax advisor; that the Agreement was signed knowingly and voluntarily without duress or coercion in any form; and that Employee fully understands the same is a FULL and FINAL SETTLEMENT of any and all claims against Released Parties which have been or could have been asserted or on account or arising out of the Employee's employment relationship with the Company or the actions of any of Released Parties. Employee further represents and certifies that Employee has been given a fair opportunity to review the terms of this Agreement and has determined that it is in the Employee's best interest to enter into this Agreement.13. Drafting and Construction: This Agreement may not be construed in favor of or against either the Employee or the Company (each, a "Party") on the grounds that said Party was less or more involved in the drafting process.14. Headings. Section, paragraph and other captions or headings contained in this agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of this Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.15. Execution in Counterparts. This Agreement may be executed in one or more counterparts, none of which need to contain the signatures of each of the parties hereto and each of which shall be deemed an original. ACCEPTED AND AGREED: __________________________________ ________________________________ALLISON K. ADEN Date CAVCO INDUSTRIES, INC. By: ________________________________ Its: _________________________________ Date: _________________________________ EX-10.1 2 cvco-2021102xexhibit101.htm EX-10.1 DocumentSEVERANCE AGREEMENTThis SEVERANCE AGREEMENT (the "Agreement") is entered into November 2, 2021 (the "Effective Date"), by and between Cavco Industries, Inc., a corporation organized under the laws of the State of Delaware (the "Company"), and Allison K. Aden ("Executive") (the Company and Executive are sometimes collectively referred to herein as the "Parties" and individually as a "Party"), all with reference to the following:WHEREAS, the Company desires to employ Executive, and Executive is willing and able to accept such employment; andWHEREAS, the Parties desire to set forth the terms and conditions regarding Executive's termination of employment and the payment of any benefits associated therewith.NOW, THEREFORE, in consideration of the promises and the mutual covenants in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:1.Defined Terms. Capitalized terms not otherwise defined shall have the meanings set forth in Exhibit A. View More

Severability. If any part, portion, term or provision of this Security Instrument is held to be invalid or illegal by a court of competent jurisdiction, the validity of the remaining portions or provisions hereof shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if such part, portion, term or provision were not contained in this Security Instrument.