DETERMINED TO
BE INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR UNENFORCEABILITY WILL NOT
INVALIDATE OR RENDER UNENFORCEABLE THE REMAINDER OF THIS AGREEMENT, BUT RATHER
THE ENTIRE AGREEMENT WILL BE CONSTRUED AS IF NOT CONTAINING THE PARTICULAR
INVALID OR UNENFORCEABLE PROVISION OR PROVISIONS, AND THE RIGHTS AND OBLIGATIONS
OF THE PARTIES WILL BE CONSTRUED AND ENFORCED ACCORDINGLY. THE PARTIES
ACKNOWLEDGE THAT IF ANY PROVISION OF THIS AGREEMENT IS DETERMINED TO BE INVALID
OR UNENFORCEABLE, IT IS THEIR DESIRE AND INTENTION THAT SUCH PROVISION BE
REFORMED AND CONSTRUED IN SUCH MANNER THAT IT WILL, TO THE MAXIMUM EXTENT
PRACTICABLE, BE DEEMED TO BE VALID AND ENFORCEABLE.
17. THIRD PARTIES. EXCEPT AS EXPRESSLY SET FORTH OR REFERRED TO IN THIS
AGREEMENT, NOTHING IN THIS AGREEMENT IS INTENDED OR WILL BE CONSTRUED TO CONFER
UPON OR GIVE TO ANY PARTY OTHER THAN THE PARTIES TO THIS AGREEMENT AND THEIR
SUCCESSORS AND PERMITTED ASSIGNS, IF ANY, ANY RIGHTS OR REMEDIES UNDER OR BY
REASON OF THIS AGREEMENT.
18. WAIVER. NO FAILURE OR DELAY IN EXERCISING ANY RIGHT HEREUNDER WILL OPERATE
AS A WAIVER THEREOF, NOR WILL ANY SINGLE OR PARTIAL EXERCISE THEREOF PRECLUDE
ANY OTHER OR FURTHER EXERCISE OR THE EXERCISE OF ANY OTHER RIGHT.
19. Other Plans or Programs. The severance compensation payable under this
Agreement is in addition to the compensation and benefits provided for the
Executive under any other plan or program for employees of the Company and this
Agreement will supplement and will not supersede, modify or amend any other such
plan or program except as may otherwise be expressly provided.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
and delivered as of the date first above written.
COMPANY: CHAPARRAL STEEL COMPANY
By:
Name:
Title:
EXECUTIVE:
Name: