Severability Contract Clauses (27,855)

Severability. If a court of competent jurisdiction (or arbitrator(s), as applicable) determines that any portion of this Agreement is in violation of any statute or public policy, then only the portions of this Agreement which violate such statute or public policy shall be stricken, and all portions of this Agreement which do not violate any statute or public policy shall continue in full force and effect. Further, it is the parties' intent that any court order (or decision of arbitrator(s) as applicable) str...iking any portion of this Agreement should modify the terms as narrowly as possible to give as much effect as possible to the intentions of the parties' under this Agreement. View More

Severability. If a court of competent jurisdiction (or arbitrator(s), as applicable) determines that any portion of this Agreement is in violation of any statute or public policy, then only the portions of this Agreement that violate such statute or public policy shall be stricken, and all portions of this Agreement that do not violate any statute or public policy shall continue in full force and effect. Further, it is the intention of the parties that any court order (or decision of arbitrator(s), as applica...ble) striking any portion of this Agreement should modify the terms as narrowly as possible to give as much effect as possible to the intentions of the parties under this Agreement. View More

Severability. Should any provision of this Release be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, excluding the general release language, such provision shall immediately become null and void, leaving the remainder of this Release in full force and effect. A-4 13. Section 409A. Benefits provided under this release are intended to be exempt from or comply with Section 409A of the Internal Revenue Code. To that end, the benefits provided her...eunder shall be provided and administered subject to Section 5(h) of the Agreement. View More

Severability. If any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision-of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

Severability. In the event that any provision of this Agreement is later determined to be illegal, invalid or unenforceable for any reason, such provision shall be deemed severed herefrom and such severance shall not affect the legality, validity or enforceability of the other provisions hereof.

Severability. If any provision, paragraph, or subparagraph of this Agreement is adjudged by any court to be void or unenforceable, in whole or in part, this adjudication 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.

Severability. Invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity of enforceability of any other provision, which shall continue in full force and effect.

Severability. If any term or provision of this Agreement is held to be invalid or unenforceable in any respect, the parties agree that they intend for any court so construing this Agreement to reform, modify, or limit such provision temporally, spatially, or otherwise so as to render it valid and enforceable to the fullest extent allowed by law. Any such provision that is not susceptible of such reformation shall be ignored so as to not affect any other term or provision hereof, and the remainder of this Agre...ement shall not be affected thereby and each such remaining term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. View More

Severability. The provisions of this Agreement shall be severable in the event that any provision of this Agreement (including any provision within a single section, paragraph or sentence) is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law.

Severability. If any provision of this Amendment is or becomes invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and in the Plan shall not be affected thereby. EX-10.1 2 ex10_1.htm EXHIBIT 10.1 Exhibit 10.1 AMENDMENT NO. 1 to the CAPSTEAD MORTGAGE CORPORATION AMENDED AND RESTATED 2014 FLEXIBLE INCENTIVE PLAN February 20, 2015 This Amendment No. 1 to the Capstead Mortgage Corporation Amended and Restated 2014 Flexible Incent...ive Plan (this "Amendment") has been adopted by the Board of Directors (the "Board") of Capstead Mortgage Corporation (the "Company"), effective as of the date first referenced above. WHEREAS, Section 15.1 of the Capstead Mortgage Corporation Amended and Restated 2014 Flexible Incentive Plan, adopted dated May 14, 2014 (the "Plan") allows certain amendments to the Plan to be made by the Board provided that no approval by stockholders is required to comply with any applicable laws, regulations or listing requirements; WHEREAS, because this Amendment curtails, rather than expands, the scope of the Plan, stockholder approval is not required to comply with applicable listing, and stockholder approval is not otherwise required by any applicable laws or regulations. NOW, THEREFORE, BE IT RESOLVED, 1. Amendment to Section 4.2 of the Plan. The second sentence of Section 4.2 of the Plan is hereby deleted in its entirety. View More