The "un-enforceability" of the clause really depends on the judge you get if it goes to court (if it's not codified in law). By not being proactive, you are rol

The "un-enforceability" of the clause really depends on the judge you get if it goes to court (if it's not codified in law). By not being proactive, you are rolling the dice on how the judge will rule (and on all of the fees associated with defending yourself in court).