OF THE PROTECTIVE PROVISIONS COULD NOT ADEQUATELY BE
COMPENSATED FOR BY MONETARY DAMAGES, AND ACCORDINGLY EACH OF THE LIN COMPANIES
SHALL, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY, BE
ENTITLED TO SEEK AND, IF SO ORDERED BY A COURT OF COMPETENT JURISDICTION,
OBTAIN, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF AGAINST SUCH BREACH.
EXECUTIVE AGREES THAT THE VARIOUS PROVISIONS OF THIS AGREEMENT SHALL BE
CONSTRUED AS CUMULATIVE, AND NO ONE OF THEM IS EXCLUSIVE OF THE OTHER, OR
EXCLUSIVE OF ANY RIGHTS ALLOWED BY LAW.
18.
WITHHOLDING. ANYTHING IN THIS AGREEMENT TO THE CONTRARY
NOTWITHSTANDING, ALL PAYMENTS REQUIRED TO BE MADE BY THE COMPANY HEREUNDER TO
EXECUTIVE SHALL BE SUBJECT TO THE WITHHOLDING OF SUCH AMOUNTS RELATING TO TAXES
AS THE COMPANY MAY REASONABLY DETERMINE IT IS LEGALLY REQUIRED TO WITHHOLD
PURSUANT TO ANY APPLICABLE LAW OR REGULATION. IN LIEU OF WITHHOLDING SUCH
AMOUNTS, IN WHOLE OR IN PART, THE COMPANY MAY, IN ITS SOLE DISCRETION, ACCEPT
OTHER PROVISIONS FOR PAYMENT OF TAXES AND WITHHOLDINGS AS REQUIRED BY LAW,
PROVIDED IT IS SATISFIED THAT ALL REQUIREMENTS OF LAW AFFECTING ITS
RESPONSIBILITIES TO WITHHOLD HAVE BEEN SATISFIED.
19.
NO WAIVER. NO PROVISION OF THIS AGREEMENT MAY BE MODIFIED, WAIVED
OR DISCHARGED UNLESS SUCH WAIVER, MODIFICATION OR DISCHARGE IS AGREED TO IN
WRITING SIGNED BY EXECUTIVE AND SUCH OFFICER OR DIRECTOR AS MAY BE SPECIFICALLY
DESIGNATED BY THE COMPANY. NO WAIVER BY EITHER PARTY HERETO AT ANY TIME OF ANY
BREACH BY THE OTHER PARTY HERETO OF ANY CONDITION OR PROVISION OF THIS AGREEMENT
TO BE PERFORMED BY SUCH OTHER PARTY SHALL BE DEEMED A WAIVER OF ANY SIMILAR OR
DISSIMILAR PROVISION OR CONDITION AT THE SAME OR AT ANY PRIOR OR SUBSEQUENT
TIME. EXCEPT WHERE THE CONTEXT OTHERWISE REQUIRES, WHEREVER USED THE SINGULAR
SHALL INCLUDE THE PLURAL, THE PLURAL THE SINGULAR, THE USE OF ANY GENDER SHALL
BE APPLICABLE TO ALL GENDERS AND THE WORD "OR" IS USED IN THE INCLUSIVE SENSE.
20.
SEVERABILITY. IF ANY COVENANT OR PROVISION HEREOF IS DETERMINED TO
BE VOID OR UNENFORCEABLE IN WHOLE OR IN PART, IT SHALL NOT BE DEEMED TO AFFECT
OR IMPAIR THE INVALIDITY OF ANY OTHER COVENANT OR PROVISION, EACH OF WHICH IS
HEREBY DECLARED TO BE SEPARATE AND DISTINCT. IF ANY PROVISION OF THIS AGREEMENT
IS SO BROAD AS TO BE UNENFORCEABLE, SUCH PROVISION SHALL BE INTERPRETED TO BE
ONLY SO BROAD AS IS ENFORCEABLE. IF ANY PROVISION OF THIS AGREEMENT IS DECLARED
INVALID OR UNENFORCEABLE FOR ANY REASON OTHER THAN OVERBREADTH, THE OFFENDING
PROVISION WILL BE MODIFIED SO AS TO MAINTAIN THE ESSENTIAL BENEFITS OF THE
BARGAIN AMONG THE PARTIES HERETO TO THE MAXIMUM EXTENT POSSIBLE, CONSISTENT WITH
LAW AND PUBLIC POLICY.
21.
AMENDMENT. NO AMENDMENT, MODIFICATION, WAIVER, TERMINATION OR
DISCHARGE OF ANY PROVISION OF THIS AGREEMENT, OR CONSENT TO ANY DEPARTURE
THEREFROM BY EITHER PARTY HERETO, SHALL IN ANY EVENT BE EFFECTIVE UNLESS THE
SAME SHALL BE IN WRITING, SPECIFICALLY
10
IDENTIFYING THIS AGREEMENT AND THE PROVISION INTENDED TO BE AMENDED, MODIFIED,