In any proceeding regarding the enforceability of any non-compensation term other than the terms that are alleged to be prohibited by Subsection 3(c)(ii), or authorized by Subsection 3(c)(iii), such provisions (i.e., Subsections 3(c)(ii) and (iii)) may not be referenced in any way in support of or in opposition to any argument that a non-compensation term is prohibited or authorized by Article 7, Section 3(c).