Why can't I fault them for using a decidedly evil clause? These companies are run by people, who are fully capable of knowing right from wrong.
But as an investor in the same company, I would fault them for not taking a simple step to protect their profits. Just because you include the clause doesn't mean that you're going to do evil and exercise it. Again, I can't fault you for taking the get-out-of-jail-free card that's offered. But I fault you mightily for doing something that would require flashing that card.
The fact that the card exists at all seems like the root problem to be fixed.
And I disagree. Including the clause indicates your willingness to be evil in exercising it.
The fact that the card exists is absolutely a problem that exists and needs to be fixed. But you had the option to take it or not, and you chose to take it. That in itself is an evil step.