The provisions of this Release shall be severable and the invalidity of any provision, or the performance of one P arty’s obligations under any provision, shall not affect the validity of the other provisions or the other P arty’s duty to perform its or Executive’s obligations under any other provision; provided, however, that (a) upon a finding by a court of competent jurisdiction that any release or agreement in Paragraph 3 above is illegal, void, or unenforceable, Executive agrees, at the Company’s option, to promptly execute a release and agreement that is legal and enforceable, and (b) Executive’s failure to comply with the obligations to promptly execute such release will constitute a material breach of this Release , in which event the Company, in addition to its other rights and remedies, shall not be obligated to provide Executive with any of the consideration described in Paragraph 2 above.