You'd be surprised. A lot of large companies with extremely competent legal personnel put all kinds of illegal stuff in their contracts on the assumption that the average consumer, when pointed to the contract, will simply say "well, I signed it, so I guess that's that". Essentially all you have to do is put in a severability clause that says if any provision of the agreement is determined to be void or unenforceable it will be severed and the remainder of the agreement remains valid and binding.
Hell, you know when you go into underground parking and buy a ticket to put on your dashboard that has a bunch of legalese on the back about how they're not liable for this, that and the other thing and by parking there you agree to X, Y and Z? Entirely meaningless.
Anyway as I say I don't remember what was in there. If it just gave them the option to reduce the cap by up to 50% in year 3 or something relatively specific like that it's probably fine.
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