Severability Contract Clauses (27,855)

Severability. If any portion of this Plan is deemed to be in conflict with applicable law, that portion of the Plan, and that portion only, will be deemed void under applicable law. All other provisions of the Plan will remain in effect. Furthermore, if any provision of this Plan would cause Bonuses not to constitute Performance-Based Compensation, that provision shall be severed from, and shall be deemed not to be a part of, the Plan, but the other provisions hereof shall remain in full force and effect.

Severability. If any provision of this Agreement shall be determined by a court to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, shall remain in full force and effect, and shall be enforceable to the fullest extent permitted by applicable law.26. Withholding Taxes. Any payments or benefits to be made or provided to Employee pursuant to this Agreement shall be subject to any withholding tax (including social security contributions and federal income taxe...s) as shall be required by federal, state, and local withholding tax laws.27. Counterparts. View More

Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity and severed from this Agreement, without invalidating the remainder of such provision or remaining provisions of this Agreement.

Severability. 30 The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof.

Severability. The provisions of this Release Agreement are severable. If any provision of this Release Agreement is declared invalid or unenforceable, any court of competent -4- jurisdiction reviewing such provision shall enforce the provision to the maximum extent permissible under applicable law. Any ruling will not affect the validity and enforceability of any other provision of the Release Agreement.

Severability. The provisions of this Agreement are fully severable. Therefore, if any provision of this Agreement is for any reason determined to be invalid or unenforceable by a Court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of any of the remaining provisions. Furthermore, any invalid or unenforceable provisions shall be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, or, if such pr...ovision cannot under any circumstances be modified or restricted, it shall be excised from the Agreement without affecting the validity or enforceability of any of the remaining provisions. View More

Severability. Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement.

Severability. If any provision of this Agreement, or the application of such provision to any person or circumstances, is held valid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held valid or unenforceable, shall not be affected thereby. 3 11. Section 409A of the Code. It is the intention of the parties to this Stock Option Agreement that no payment or entitlement pursuant to this Stock Option Agreement w...ill give rise to any adverse tax consequences to the Outside Director under Section 409A of the Code or the regulations and other interpretive guidance issued thereunder, including that issued after the date hereof (collectively, "Section 409A"). The Stock Option Agreement and the Plan shall be interpreted to that end and, consistent with that objective and notwithstanding any provision herein or the Plan to the contrary, the Company may unilaterally take any action it deems necessary or desirable to amend any provision herein or in the Plan to avoid the application of, or the excise tax under, Section 409A. Further, no effect shall be given to any provision in the Plan or this Agreement in a manner that reasonably could be expected to give rise to adverse tax consequences under Section 409A. Although the Company shall consult with the Outside Director in good faith regarding implementation of this Section 11, neither the Company nor its current or former employees, officers, directors, agents or representatives shall have any liability to the Outside Director with respect to any additional taxes, excise taxes, accelerated taxation, penalties or interest for which the Outside Director may become liable in the event that any amounts under this Agreement are determined to violate Section 409A. View More

Severability. The invalidity of any one or more clauses or sections contained in this Agreement shall not affect the enforceability of the remaining portions of this Agreement or any part thereof, all of which are inserted conditionally on their being valid in law and, in the event that any one or more of the clause or sections contained in this Agreement shall be declared invalid, this Agreement shall be construed as if such invalid clauses or sections had not been inserted.

Severability. Should any provision of this Plan be held invalid by an administrative tribunal, court of law or other authoritative body, then the remaining provisions shall continue in force and given their full effect in a manner consistent with the spirit and purpose of the Plan.7.Amendment or Termination of the Plan; Integration(a)The Committee may, at any time, and from time to time prior to the consummation of a Liquidity Event, amend this Plan in any respect; provided, however, that no amendment shall a...dversely affect any designated Participant or group of Participants in a manner not so adversely affecting all designated Participants without the consent of such designated Participant or group of Participants. (b)The Plan shall automatically terminate upon the consummation of a Liquidity Event (provided that the Company's obligation to pay the Value Creation Bonus to Qualified Participants in accordance with the terms of this Plan shall survive such termination). (c)This document contains the entire Plan, and any amendment to the Plan or any Exhibit to this Plan must be made in a writing approved by the Committee and by the Participants entitled to consent to such amendment pursuant to Section 7(a) hereof.8.Tax Withholding. All payments made pursuant to this Plan shall be subject to all applicable tax withholding.9.No Guarantee of Employment or Independent Contractor Relationship. This Plan is intended to provide a financial incentive to Participants and is not intended to confer upon any Participant any rights to continued employment or a continuing independent contractor relationship, it being understood that such employment or independent contractor relationship shall remain at-will and subject to termination by either the Company or Participant at any time, with or without cause or notice.10.Confidentiality. Each Participant acknowledges that the contents of this Plan, including but not limited to its financial terms, are strictly confidential. Each Participant agrees and represents that such Participant will maintain the confidential nature of this Plan, except (i) to legal counsel, tax and financial planners, and immediate family members who agree to keep it confidential; and (ii) as otherwise required by applicable law, in which case such Participant shall notify the Company in writing in advance of disclosure.11.No Equity Interest. This Plan does not create or convey any equity or ownership interest in the Company or any rights commonly associated with any such interest, including, but not limited to, the right to vote on any matters put before the Company's equityholders. View More