Effect of Partial Invalidity. 22.1 If any one or more of the provisions of this AGREEMENT should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then: (a) the validity and enforceability of all provisions of this AGREEMENT not ruled to be invalid or unenforceable will be unaffected; (b) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ intent as manifested herein; and (c) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, as originally set forth in this AGREEMENT, will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 2 contracts
Samples: Non Exclusive License Agreement, Nonexclusive License Agreement (Nanotailor, Inc.)
Effect of Partial Invalidity. 22.1 24.1 If any one or more of the provisions of this AGREEMENT Agreement should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT Agreement can be carried out, then:
(a) the validity and enforceability of all provisions of this AGREEMENT Agreement not ruled to be invalid or unenforceable will be unaffected;
(b) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ intent as manifested herein; and
(c) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, as originally set forth in this AGREEMENTAgreement, will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 2 contracts
Samples: License Agreement (Luna Innovations Inc), License Agreement (Luna Innovations Inc)
Effect of Partial Invalidity. 22.1 23.1 If any one or of more of the provisions of this AGREEMENT should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then:
(a) the validity and enforceability of all provisions of this AGREEMENT not ruled to be invalid or unenforceable will be unaffected;
(b) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ intent as manifested herein; and
(c) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, as originally set forth in this AGREEMENT, will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 2 contracts
Samples: License Agreement (Luna Innovations Inc), License Agreement (Luna Innovations Inc)
Effect of Partial Invalidity. 22.1 If any one or more of the provisions of this AGREEMENT Agreement should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then:
(a) the validity and enforceability of all provisions of to this AGREEMENT Agreement not ruled to be invalid or unenforceable with be unaffected; (b) the effect of the ruling will be unaffected;
limited to the jurisdiction of the court or other government body making the ruling; (bc) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ parties' intent as manifested herein; and
and (cd) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, question as originally set forth in this AGREEMENT, Agreement will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 1 contract
Samples: Purchase and Sale Agreement (New Paradigm Software Corp)
Effect of Partial Invalidity. 22.1 If any one or more of the provisions of this AGREEMENT Agreement should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then:
(a) the validity and enforceability of all provisions of this AGREEMENT Agreement not ruled to be invalid or unenforceable will be unaffected;
; (b) the effect of the ruling will be limited to the jurisdiction of the court or other government body making the ruling; (c) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ Parties' intent as manifested herein; and
and (cd) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, question as originally set forth in this AGREEMENT, Agreement will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 1 contract
Samples: Debit Card Services Agreement (Pt 1communications Inc)
Effect of Partial Invalidity. 22.1 23.1 If any one or more of the provisions of this AGREEMENT should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then:
(a) the validity and enforceability of all provisions of this AGREEMENT not ruled to be invalid or unenforceable will be unaffected;
(b) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ intent as manifested herein; and
(c) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, as originally set forth in this AGREEMENT, will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 1 contract
Samples: License Agreement (Vantage Health)
Effect of Partial Invalidity. 22.1 If any one or more of the provisions of this AGREEMENT Agreement should be ruled wholly or partly partially invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then:
(ai) the validity and enforceability of all provisions of this AGREEMENT Agreement not ruled to be invalid or unenforceable will be unaffected;
(bii) the effect of the ruling will be limited to the jurisdiction of the court or other government body making the ruling;
(iii) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ Parties' intent as manifested herein; and
(civ) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, question as originally set forth in this AGREEMENT, Agreement will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 1 contract
Effect of Partial Invalidity. 22.1 If any one or more of the provisions of this AGREEMENT Agreement should be ruled wholly or partly partially invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then:
(ai) the validity and enforceability of all provisions of this AGREEMENT Agreement not ruled to be invalid or unenforceable will be unaffected;
(bii) the effect of the ruling will be limited to the jurisdiction of the court or other government body making the ruling;
(iii) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIESParties' Parties’ intent as manifested herein; and
(civ) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, question as originally set forth in this AGREEMENT, Agreement will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 1 contract
Effect of Partial Invalidity. 22.1 23.1 If any one or of more of the provisions of this AGREEMENT should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then:
(a) the validity and enforceability of all provisions of this AGREEMENT not ruled to be invalid or unenforceable will be unaffected;
(b) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ ' intent as manifested herein; and
(c) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, as originally set forth in this AGREEMENT, will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 1 contract
Samples: Partially Exclusive License Agreement (Regenetech Inc)
Effect of Partial Invalidity. 22.1 If any one or more of the provisions of this AGREEMENT Agreement should be ruled wholly or partly invalid or unenforceable by a court or other government body government. Body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, jurisdiction then:
(a) the a. The validity and enforceability of all provisions of this AGREEMENT Agreement not ruled to be invalid or unenforceable will be unaffected;
(b) b. The effect of the ruling will be limited to the jurisdiction of the court or other government body making the ruling;
c. The provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), ) to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ parties' intent as manifested herein; and
(c) if d. Suppose the ruling, and/or ruling and the controlling principle of law or equity leading to the ruling, ruling is subsequently overruled, modified, or amended by legislativelegislate e, judicial, or administrative action. In that case, then the provision(s) in question, as originally set forth initially outlined in this AGREEMENTAgreement, will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 1 contract
Samples: Independent Agent/Reseller Agreement
Effect of Partial Invalidity. 22.1 If any one or more of the provisions of this AGREEMENT Agreement should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then:
: (ai) the validity and enforceability of all provisions of this AGREEMENT Agreement not ruled to be invalid or unenforceable will shall be unaffected;
; (bii) the effect of the ruling shall be limited to the jurisdiction of the court or other government body making the ruling; (iii) the provision(s) held wholly or partly invalid or unenforceable will shall be deemed to be amended, and the court or other government body is authorized to reform the provision(sprovisions(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIES’ Parties' intent as manifested herein; and
and (civ) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, question as originally set forth in this AGREEMENT, will Agreement shall be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 1 contract
Samples: License and Distribution Agreement (Axeda Systems Inc)
Effect of Partial Invalidity. 22.1 If any one or more of the provisions of this AGREEMENT Agreement should be ruled wholly or partly partially invalid or unenforceable by a court or other government body of competent jurisdiction, and as long as the fundamental objectives of the AGREEMENT can be carried out, then:
(ai) the validity and enforceability of all provisions of this AGREEMENT Agreement not ruled to be invalid or unenforceable will be unaffected;
(bii) the effect of the ruling will be limited to the jurisdiction of the court or other government body making the ruling;
(iii) the provision(s) held wholly or partly invalid or unenforceable will be deemed to be amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the PARTIESParties’ intent as manifested herein; and
(civ) if the ruling, and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, then the provision(s) in question, question as originally set forth in this AGREEMENT, Agreement will be deemed to be valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
Appears in 1 contract