Severability Contract Clauses (27,855)

Severability. 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. 15 16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which together will constitute one and the same instrument.

Severability. If any term or provision of this Guaranty shall be determined to be illegal or unenforceable, all other terms and provisions hereof shall nevertheless remain effective and shall be enforced to the fullest extent permitted by law.

Severability. If any provision of this Restricted Stock Award Agreement or the application of such provision to any person or circumstances is held invalid or unenforceable, the remainder of this Restricted Stock Award Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby. * * * 37 Second Amended and Restated Ixia 2008 Equity Incentive Plan Restricted Stock Unit Award Agreement Ixia ("Company"...) hereby grants to you a Restricted Stock Unit Award under the Second Amended and Restated Ixia 2008 Equity Incentive Plan (the "Plan"), as set forth below. Capitalized terms defined in the Plan but not in this Agreement shall have the meanings given to them herein. Name: Date of Grant: Number of Restricted Stock Units: Nature of Restricted Stock Units: Each Restricted Stock Unit represents the right to receive one share ("Share") of Company Common Stock to be issued and delivered at the end of the applicable [vesting period/Performance Period], subject to the risk of cancellation as described herein and in the Plan. Vesting Schedule: [e.g., The Restricted Stock Units will vest in [__] equal [annual/quarterly] installments, with the first installment vesting on [ ] and the remaining installments vesting on [ ] of each of the [__] calendar quarters thereafter, as long as you remain an Employee, Consultant or Director, as applicable, of the Company through each such vesting date.] [e.g., The Restricted Stock Units will vest on the last day of the Performance Period, as long as you remain an Employee, Consultant or Director, as applicable, of the Company through such date and provided that the following performance goals are achieved at the end of the Performance Period: _______________ ("Performance Goals").] Forfeiture: [e.g., If you cease to serve as an Employee, Consultant or Director, as applicable, for any reason, any Restricted Stock Units which are not vested as of the date of such termination shall not vest and shall automatically be cancelled and forfeited for no value and without any issuance of Shares.] [e.g., If you cease to serve as an Employee, Consultant or Director, as applicable, for any reason prior to the date on which the Performance Period ends, or if the Performance Goals are not achieved, any Restricted Stock Units shall not vest and shall automatically be cancelled and forfeited for no value and without any issuance of Shares.] Taxes: Payment of the applicable taxes in connection with the vesting of Restricted Stock Units shall be a condition to the issuance and delivery of Shares upon any vesting of the Restricted Stock Units (see Restricted Stock Unit Terms and Conditions attached hereto). This Restricted Stock Unit Award Agreement consists of this page and the Restricted Stock Unit Terms and Conditions attached hereto. By signing below, you accept the grant of this Restricted Stock Unit Award and agree that this Restricted Stock Unit Award is subject in all respects to the terms and conditions of the Plan located on the Company's internal website at _______________. Copies of the Plan and a Prospectus containing information concerning the Plan are available upon request to _______________ at _______________ or _______________@ixiacom.com. 38 You further acknowledge and agree that (i) you have carefully reviewed this Restricted Stock Unit Award Agreement (including the Restricted Stock Unit Terms and Conditions attached hereto) and the Plan and (ii) this Restricted Stock Unit Award Agreement and the Plan set forth the entire understanding between you and the Company regarding this Restricted Stock Unit Award and supersede all prior or contemporaneous oral and written agreements with respect thereto. IXIA By: Print Name: Date Title: Participant Date 39 SECOND AMENDED AND RESTATED IXIA 2008 EQUITY INCENTIVE PLAN Restricted Stock Unit Award Agreement—Restricted Stock Unit Terms and Conditions The following Restricted Stock Unit Terms and Conditions apply to the Restricted Stock Unit Award granted by Ixia ("Company") to the Participant whose name appears on the Restricted Stock Unit Award Agreement cover page to which these Restricted Stock Unit Terms and Conditions are attached. View More

Severability. In case any one or more of the provisions or part of a provision contained in this Agreement an Plan shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and Plan, but this Agreement and Plan shall be construed as if such invalid, illegal or unenforceable provision or part of a provision had never been contained herein. In the event that any provision of this A...greement and Plan shall be determined to be unenforceable by any court of competent jurisdiction by reason of extending for too great a period of time or over too large a geographic area or over too great a range of activities, it shall be interpreted to extend only over the maximum period of time, geographic area or range of activities as to which it may be enforceable. View More

Severability. In case any one or more of the provisions or part of a provision contained in this Agreement an Plan shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and Plan, but this Agreement and Plan shall be construed as if such invalid, illegal or unenforceable provision or part of a provision had never been contained herein. In the event that any provision of this A...greement and Plan shall be determined to be unenforceable by any court of competent jurisdiction by reason of extending for too great a period of time or over too large a geographic area or over too great a range of activities, it shall be interpreted to extend only over the maximum period of time, geographic area or range of activities as to which it may be enforceable. 15. Applicable Law. This Agreement and Plan shall be construed, interpreted and applied in accordance with the substantive laws of the State of New York. View More

Severability. In case any one or more of the provisions or part of a provision contained in this Agreement an Plan shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and Plan, but this Agreement and Plan shall be construed as if such invalid, illegal or unenforceable provision or part of a provision had never been contained herein. In the event that any provision of this A...greement and Plan shall be determined to be unenforceable by any court of competent jurisdiction by reason of extending for too great a period of time or over too large a geographic area or over too great a range of activities, it shall be interpreted to extend only over the maximum period of time, geographic area or range of activities as to which it may be enforceable. 15. Applicable Law. This Agreement and Plan shall be construed, interpreted and applied in accordance with the substantive laws of The Commonwealth of Massachusetts. View More

Severability. Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any terms or provisions of this Agreement in any other jurisdiction so long as the economic or legal substance of the transactions contemplated hereby is not affec...ted in any manner adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, 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 an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the fullest extent possible. View More

Severability. If any provision of the Plan is or becomes or is deemed to be invalid, illegal, or unenforceable for any reason in any jurisdiction or as to any Participant, such invalidity, illegality or unenforceability shall not affect the remaining parts of the Plan, and the Plan shall be construed and enforced as to such jurisdiction or Participant as if the invalid, illegal or unenforceable provision had not been included. 16 EXHIBIT A AUDIENCE, INC. 2011 EMPLOYEE STOCK PURCHASE PLAN SUBSCRIPTION AGREEMEN...T Original Application Offering Date: Change in Payroll Deduction Rate 1. hereby elects to participate in the Audience, Inc. 2011 Employee Stock Purchase Plan (the "Plan") and subscribes to purchase shares of the Company's Common Stock in accordance with this Subscription Agreement and the Plan. (Please note that no fractional percentages are permitted.) I understand that if I do not withdraw from an Offering Period, any accumulated payroll deductions will be used to automatically exercise my option and purchase Common Stock under the Plan. 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, or any clause thereof, shall be determined by a court of competent jurisdiction to be illegal, invalid, void or otherwise unenforceable, in whole or in part: (a) the legality, validity and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any section, paragrap...h or sentence of this Agreement containing any such provision or clause held to be illegal, invalid, void or otherwise unenforceable that is not itself illegal, invalid, void or otherwise unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (ii) such provision or provisions or clause or clauses 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 (iii) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any section, paragraph or sentence of this Agreement containing any such provision or clause held to be illegal, invalid, void or otherwise unenforceable, that is not itself illegal, invalid, void or otherwise unenforceable) shall be construed so as to give effect to the intent manifested thereby. View More

Severability. If any provision of this Note is invalid, illegal or unenforceable, the balance of this Note shall remain in effect, and if any provision is inapplicable to any Person or circumstance, it shall nevertheless remain applicable to all other Persons and circumstances. If it shall be found that any Interest or other amount deemed Interest due hereunder violates the applicable law governing usury, the applicable rate of Interest due hereunder shall automatically be lowered to equal the maximum rate of... interest permitted under applicable law. 10 10. Next Business Day. Whenever any payment or other obligation hereunder shall be due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day. View More