It was definitely not enforceable, but it was a great indicator of intent. When I pointed out the paragraph to the President, who wrote the agreement, he said,

It was definitely not enforceable, but it was a great indicator of intent. When I pointed out the paragraph to the President, who wrote the agreement, he said, "Oh, we didn't mean to do that. I don't know why that's in there." He was a lawyer. When I pointed out the bank account valuation to the CEO of that startup, he said, "that's not what that says." I informed him that I had run the agreement through two lawyer friends who had confirmed my interpretation.