Answer:
First Impression
Explanation:
First Impression applicable if the United States Supreme Court had not issued the prior opinion and California courts also not decided that those clauses contravene a strong public policy.
As by definition of First Impression that a case in which a question of interpretation of law is presented which has never arisen before in any reported case. Sometimes, it is only of first impression in the particular state or jurisdiction, so decisions from other states or the federal courts may be examined as a guideline.