Severability Contract Clauses (27,855)

Severability. The unenforceability of any provision or provisions of this Agreement shall not affect the enforceability of any other provision of this Agreement.

Severability. In the event that any of the provisions of this Agreement or the Policies shall be held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable provision had not been included in this Agreement or the Policies. In the event that any provision relating to a time period of restriction shall be declared by a court of competent jurisdiction to... exceed the maximum time period such court deems reasonable and enforceable, then the time period of restriction deemed reasonable and enforceable by the court shall become and shall thereafter be the maximum time period. View More

Severability. If any provision of this Agreement is determined to be invalid or unenforceable, it shall be amended by the Parties consistent with the intent of this Agreement to the narrowest extent possible to render that provision valid and enforceable or, if necessary, removed from this Agreement, and shall not affect the validity and enforceability of the other provisions of this Agreement.

Severability. In the event any provision of the Plan shall be held invalid or illegal for any reason, any illegality or invalidity shall not affect the remaining parts of the Plan, but the Plan shall be construed and enforced as if the illegal or invalid provision had never been inserted.

Severability. In the event that any term or provision of this Agreement is held invalid, void or unenforceable, then the remainder of this Agreement will not be affected, impaired or invalidated, and each such term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law.

Severability. If any term, provision, covenant or restriction in this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against its regulatory policy 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 and legal substance of the transactions contemplated hereby, taken as a whole, are not affected i...n a manner materially adverse to any party hereto. Upon any such determination, the parties shall negotiate in good faith in an effort to agree upon a suitable and equitable substitute provision to effect the original intent of the parties as closely as possible and to the end that the transactions contemplated hereby shall be fulfilled to the maximum extent possible. 10 23. Specific Performance. The parties agree that irreparable damage would occur and the parties would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in any Wisconsin state court or any Federal court of the United States of America located in the State of Wisconsin, and in any action for specific performance, each party hereby waives the defense of adequacy of a remedy at law and waives any requirement for the securing or posting of any bond in connection with such remedy, this being in addition to any other remedy to which they are entitled at law or in equity. View More

Severability. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and such prohibited or unenforceable provision shall be replaced by a valid and enforceable provision that as closely as possible reflects the parties' intent with respect to the prohibited or unenforceable provision, and any such prohibition or unenforceabi...lity in any jurisdiction will not invalidate or render unenforceable such provision in any other jurisdiction. 2 The undersigned have executed, or have caused to be executed, this Agreement on the date first written above. YETI COOLERS, LLC By: Name: Title: CORTEC MANAGEMENT V, LLC By: Name: David L. Schnadig Title: Member 3 EX-10.26 10 a2236865zex-10_26.htm EX-10.26 EXHIBIT 10.26 AGREEMENT RELATING TO TERMINATION OF ADVISORY AGREEMENT THIS AGREEMENT is entered into as of [·], 2018 (this "Agreement") by and between YETI Coolers, LLC, a Delaware limited liability company (the "Company"), and Cortec Management V, LLC, a Delaware limited liability company (the "Advisor"). RECITALS WHEREAS, pursuant to an agreement (the "Advisory Agreement"), dated as of June 15, 2012, the Company engaged the Advisor for the provision of management advisory services; WHEREAS, during the course of the Advisory Agreement, the Advisor has provided significant and specific management advisory services to the Company in connection with the development and implementation of the Company's annual business plan and the Company's ongoing business matters, related to, among other things, finance, budgeting, tax planning, risk management, manufacturing, sales, marketing, staffing levels and acquisitions; WHEREAS, pursuant to Section IX of the Advisory Agreement, the Advisor has elected to terminate the Advisory Agreement in connection with the consummation of the initial public offering of shares (the "IPO") of YETI Holdings, Inc. ("Holdings"), the sole unit holder of the Company; and WHEREAS, following the consummation of the IPO, the Advisor will no longer be obligated to provide future services to the Company pursuant to the Advisory Agreement, and the Company shall no longer be obligated to pay for such services. NOW, THEREFORE, in consideration of the premises and agreements contained herein and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Termination. Effective immediately prior to the consummation of the IPO (the "Termination Date"), the Advisory Agreement and all obligations and rights thereunder shall terminate (other than the rights of the Indemnified Persons and Secondary Indemnitors (each as defined in the Advisory Agreement) under Section VII of the Advisory Agreement, as well as Sections IX, X, XV, and XVI of the Advisory Agreement, which shall survive such termination and remain in full force and effect). For the avoidance of doubt, notwithstanding Section IX.B of the Advisory Agreement, any rights of the Advisor under Section VI of the Advisory Agreement will terminate effective as of the Termination Date; provided, however, that the Company shall reimburse the Advisor for all reasonable and documented out-of-pocket expenses incurred by the Advisor pursuant to the Advisory Agreement up to an including the Termination Date. View More

Severability. In the event a court of competent jurisdiction determines that any part or provision of this Agreement is unenforceable, all remaining provisions and parts of this Agreement shall remain in full force and effect, and shall be fully enforceable. This Separation and Settlement Agreement is made and entered into as of the date first above written. ALLIANCE MMA, INC. Wilbur "Burt" Watson By: /s/ John Price /s/ Burt Watson Name: John Price Title: Chief Financial Officer 6 EX-10.1 2 tv502489_ex10-1.ht...m EXHIBIT 10.1 Exhibit 10.1 SEPARATION AND SETTLEMENT AGREEMENT This Separation and Settlement Agreement (the "Agreement") is made and entered into as of this July 1, 2018 by and between ALLIANCE MMA, INC. ("Alliance MMA"), and Wilbur ("Burt") Watson ("Watson"). RECITALS WHEREAS, other than what is specifically excluded herein, the parties have agreed to terminate the employment with Alliance MMA without admission of liability, pursuant to the terms of this Agreement and the General Release to be signed by Watson in addition to this Agreement and attached hereto as "Exhibit A." NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein and in the General Release, given for valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Separation. Alliance MMA and Watson mutually agree to separate Watson from employment with Alliance MMA. Effective July 1, 2018, Watson shall be relieved of all duties and responsibilities associated with his employment with Alliance MMA ("Separation Date"). View More

Severability. The invalidity or unenforceability of any provision or covenant of this Settlement Agreement shall not affect the validity or enforceability of any other provision or covenant hereof, and any such invalid provision or covenant shall be deemed to be severable.

Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement.