The provisions of this Agreement and the New Convertible Note are severable and, in the event that any court of competent jurisdiction shall determine that any one or more of such provisions or part of such provisions contained 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 or part of a provision of this Agreement or the New Convertible Note and this Agreement and the New Convertible Note shall be construed as if such invalid or illegal or unenforceable provision, or part of such provision, would be valid, legal and enforceable to the maximum extent possible.