Enforceability. If any provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been included.
Appears in 66 contracts
Samples: Investment Management Agreement (Liberty Mutual Agency Corp), Cash Management Agreement (Liberty Mutual Agency Corp), Investment Management Agreement (Liberty Mutual Agency Corp)
Enforceability. If any provisions provision of this Agreement are held shall be deemed invalid or unenforceableunenforceable as written, such this Agreement shall be construed, to the greatest extent possible, or modified, to the extent allowable by law, in a manner which shall render it valid and enforceable. No invalidity or unenforceability of any provision contained herein shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedportion of this Agreement.
Appears in 63 contracts
Samples: Change in Control Severance Agreement (ImmunoGen, Inc.), Change in Control Severance Agreement (ImmunoGen, Inc.), Change in Control Severance Agreement (ImmunoGen, Inc.)
Enforceability. If The invalidity or unenforceability of any provision or provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provisionprovision of this Agreement, which shall remain in full force and the Agreement shall be construed and enforced as if such provisions had not been includedeffect.
Appears in 44 contracts
Samples: Executive Employment Agreement (Bruush Oral Care Inc.), Stock Purchase Agreement (Bassett Furniture Industries Inc), Agreement (CIS Acquisition Ltd.)
Enforceability. If any provisions provision of this Agreement are held shall be invalid or unenforceableunenforceable in any jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement or the validity or enforceability of this Agreement in any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedjurisdiction.
Appears in 36 contracts
Samples: Securities Purchase Agreement (AppTech Payments Corp.), Securities Purchase Agreement (Safe & Green Development Corp), Securities Purchase Agreement (Safe & Green Holdings Corp.)
Enforceability. If In the event that any provisions provision of this Agreement are held is determined to be invalid or unenforceable, the remaining terms and conditions of this Agreement shall be unaffected and shall remain in full force and effect, and any such determination of invalidity or unenforceability enforceability shall not affect the validity or enforceability of any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedprovision of this Agreement.
Appears in 36 contracts
Samples: Employment Agreement (American Home Mortgage Investment Corp), Employment Agreement (American Home Mortgage Holdings Inc), Employment Agreement (Triarco Industries Inc)
Enforceability. If The invalidity or unenforceability of any provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provisionprovision of this Agreement, which shall remain in full force and the Agreement shall be construed and enforced as if such provisions had not been includedeffect.
Appears in 33 contracts
Samples: Severance Benefit Agreement (Leggett & Platt Inc), Severance Benefit Agreement (Leggett & Platt Inc), Severance Benefit Agreement (Leggett & Platt Inc)
Enforceability. If any provisions provision of this Agreement are Agreement, or the application of the provision to any Person or circumstance, shall be held invalid or unenforceable, such invalidity the remainder of this Agreement, or unenforceability the application of that provision to Persons or circumstances other than those with respect to which it is held invalid or unenforceable, shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedaffected thereby.
Appears in 32 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Lind-Waldock Securities, LLC), Limited Liability Company Agreement (Lind-Waldock Securities, LLC)
Enforceability. If any provisions of provision which is contained in this Agreement are Agreement, should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any State of the United States, such invalidity or unenforceability shall not affect any other provision, provision of this Agreement and the in this Agreement shall be construed and enforced as if such provisions invalid or unenforceable provision had not been includedcontained herein.
Appears in 28 contracts
Samples: Share Exchange Agreement (American International Holdings Corp.), Share Exchange Agreement (General Steel Holdings Inc), Share Exchange Agreement (General Steel Holdings Inc)
Enforceability. If The invalidity or unenforceability of any provisions provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provisionprovision of this Agreement, which shall remain in full force and the Agreement shall be construed and enforced as if such provisions had not been includedeffect.
Appears in 25 contracts
Samples: Severance Compensation Agreement (Caci International Inc /De/), Compensation Agreement, Change in Control Severance Agreement (Quinstreet, Inc)
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any State of the United States, such invalidity or unenforceability shall not affect any other provisionprovision of this Agreement. Instead, and the this Agreement shall be construed and enforced as if such invalid or unenforceable provisions had not been includedcontained herein.
Appears in 20 contracts
Samples: Services Agreement (China PharmaHub Corp.), Services Agreement (China PharmaHub Corp.), Services Agreement (China PharmaHub Corp.)
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any jurisdiction, such invalidity or unenforceability shall not affect any other provision, provision of this Agreement and the this Agreement shall be construed and enforced as if such provisions invalid or unenforceable provision had not been includedcontained herein.
Appears in 18 contracts
Samples: Stock Purchase Agreement (Jobbot Inc.), Purchase Agreement (Medical Imaging Corp.), Agreement (Oiltek, Inc.)
Enforceability. If any provisions provision of this Agreement are held is determined to be invalid or unenforceable, such invalidity in whole or unenforceability in part, this determination shall not affect any other provision, provision of this Agreement and the Agreement provision in question shall be construed and enforced modified so as if such provisions had not been includedto be rendered enforceable in a manner consistent with the intent of the parties insofar as possible under applicable law.
Appears in 14 contracts
Samples: Letter Agreement (Adverum Biotechnologies, Inc.), Letter Agreement (Adverum Biotechnologies, Inc.), Letter Agreement (Adverum Biotechnologies, Inc.)
Enforceability. If any provisions provision of this Agreement are held is determined to be invalid or unenforceable, such invalidity in whole or unenforceability shall in part, this determination will not affect any other provisionprovision of this Agreement, and the Agreement Agreement, including the invalid or unenforceable provisions, shall be construed and enforced insofar as if such provisions had not been includedpossible to achieve the intent of the parties.
Appears in 13 contracts
Samples: Letter Agreement (Sonim Technologies Inc), Letter Agreement (Sonim Technologies Inc), Letter Agreement (Sonim Technologies Inc)
Enforceability. If any provisions provision of this the Agreement are shall be held invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any manner affect or render invalid or unenforceable any other provisionprovision of this Agreement, and the Agreement shall be construed and enforced carried out as if any such provisions had invalid or unenforceable provision were not been includedcontained herein.
Appears in 8 contracts
Samples: Call Option Agreement (Guggenheim Capital LLC), Call Option Agreement (Guggenheim Capital LLC), Call Option Agreement (Guggenheim Capital LLC)
Enforceability. If The invalidity or unenforceability of any provisions particular provision of this Agreement will not affect the Agreement’s other provisions, which are held then to be applied as if the invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedunenforceable provision were omitted.
Appears in 8 contracts
Samples: Agreement, Agreement, autonomoustuff.com
Enforceability. If any provisions provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and the Agreement shall be construed held to be invalid, illegal or unenforceable under any applicable statute or rule of law, the validity, legality and enforced as if such enforceability of the remaining provisions had not been includedshall in no way be affected or impaired thereby.
Appears in 8 contracts
Samples: Complete agreement, Level Agreement (Mobetize, Corp.), Level Agreement (Mobetize, Corp.)
Enforceability. If any provisions provision of the Agreement (or any portion thereof) shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect in any other provision, and the Agreement shall way be construed and enforced as if such provisions had not been includedaffected or impaired thereby.
Appears in 7 contracts
Samples: Simplesoftware Maintenance Agreement, Simplesoftware Maintenance Agreement, Xcelerate! Partner Agreement (Double-Take Software, Inc.)
Enforceability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedaffected thereby.
Appears in 7 contracts
Samples: Smart Irb Joinder Agreement, www.ctsaonehealthalliance.org, smartirb.org
Enforceability. If The invalidity or unenforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not in any way affect any the other provisionprovisions hereof, and the this Agreement shall be construed and enforced in all respects as if such provisions had not been includedinvalid or unenforceable provision were omitted.
Appears in 6 contracts
Samples: License, and Indemnity Agreement, License and Indemnity Agreement, Solar Device License and Indemnity Agreement
Enforceability. If any provisions provision(s) of this Agreement are shall be held invalid to be invalid, illegal or unenforceable, such invalidity or unenforceability the validity, legality and enforceability of the remaining provisions shall not affect in any other provision, and the Agreement shall way be construed and enforced as if such provisions had not been includedaffected or impaired thereby.
Appears in 6 contracts
Samples: Exclusive Supply and Distribution Agreement (Imagenetix Inc /Nv/), Supply and Distribution Agreement (Imagenetix Inc /Nv/), Exclusive Supply and Distribution Agreement (Imagenetix Inc /Nv/)
Enforceability. If The invalidity or unenforceability of any particular provision or provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any or impair the other provision, provisions herein and the this Agreement shall be construed and enforced in all respects as if such invalid or unenforceable provision or provisions had not been includedwere omitted.
Appears in 6 contracts
Samples: Employment Agreement (NYTEX Energy Holdings, Inc.), Employment Agreement (NYTEX Energy Holdings, Inc.), Employment Agreement (NYTEX Energy Holdings, Inc.)
Enforceability. If The invalidity or unenforceability of any provisions provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisionthe validity or enforceability of the remaining provisions, and the this Agreement shall be construed and enforced as if such invalid or unenforceable provisions had not been includedwere omitted.
Appears in 6 contracts
Samples: Retail Agreement, Retail Agreement, Retail Agreement
Enforceability. If The invalidity or unenforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisionprovision hereof, and the this Agreement shall be construed and enforced as if though such provisions had not been includedinvalid or unenforceable provision were omitted.
Appears in 6 contracts
Samples: Consulting services Agreement (Cleartronic, Inc.), Consulting services Agreement (Cleartronic, Inc.), Consultant Services Agreement (GlobalTel IP, Inc.)
Enforceability. If any provisions of this Agreement are held invalid or unenforceable, such The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, and as the Agreement case may be. Such invalid or unenforceable provision shall be construed and enforced as if such provisions had deemed not been includedto be a part of this agreement.
Appears in 5 contracts
Samples: www.bobhopeschool.org, static1.squarespace.com, cdn-app.teamlinkt.com
Enforceability. If In the event any provisions provision of this Agreement are held invalid is found to be unenforceable or unenforceableinvalid, such invalidity or unenforceability provision shall be severable from this Agreement and shall not affect the enforceability or validity of any other provision, and provision contained in the Agreement shall be construed and enforced as if such provisions had not been includedAgreement.
Appears in 5 contracts
Samples: Employment Agreement (Radiant Oil & Gas Inc), Employment Agreement (Radiant Oil & Gas Inc), Employment Agreement (Radiant Oil & Gas Inc)
Enforceability. If In the event that any provisions provision of this Agreement are held is determined to be invalid or unenforceable, the remaining terms and conditions of this Agreement shall be unaffected and shall remain in full force and effect, and any such determination of invalidity or unenforceability shall not affect the validity or enforceability of any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedprovision of this Agreement.
Appears in 5 contracts
Samples: Agreement (New England Investment Companies L P), Agreement (New England Investment Companies L P), Agreement (New England Investment Companies L P)
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any state or of the United States, such invalidity or unenforceability shall not affect any other provisionprovision of this Agreement. Instead, and the this Agreement shall be construed and enforced as if such invalid or unenforceable provisions had not been includedcontained herein.
Appears in 5 contracts
Samples: Operating Agreement (Scantek Medical Inc), Agreement (Scantek Medical Inc), Acquisition Agreement (Scantek Medical Inc)
Enforceability. If In case any provisions provision of this Agreement are held invalid is declared invalid, illegal or unenforceable, such invalidity the validity, legality and enforceability of the remaining provisions will not in any way be affected or unenforceability shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedimpaired thereby.
Appears in 5 contracts
Samples: Amendment and Conversion Agreement (zSpace, Inc.), Conversion and Loan Termination Agreement (zSpace, Inc.), Conversion and Loan Termination Agreement (zSpace, Inc.)
Enforceability. If In the event any provisions provision of this Agreement are held invalid is found to be unenforceable or unenforceableinvalid, such invalidity or unenforceability provision shall be severable from this Agreement and shall not affect the enforceability or validity of any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedprovision contained in this Agreement.
Appears in 4 contracts
Samples: Laboratory Services Agreement (Sera Prognostics, Inc.), Laboratory Services Agreement (Sera Prognostics, Inc.), Employment Agreement (Drypers Corp)
Enforceability. If In case any one or more of the provisions of contained in this Agreement are held invalid should be invalid, illegal or unenforceable, such invalidity or unenforceability the enforceability of the remaining provisions contained herein shall not affect in any other provision, and the Agreement shall way be construed and enforced as if such provisions had not been includedaffected or impaired thereby.
Appears in 4 contracts
Samples: Sharing and Indemnification Agreement (Choicepoint Inc), Indemnification Agreement (Apw LTD), Tax Sharing and Indemnification Agreement (Genroco Inc)
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any jurisdiction, such invalidity or unenforceability shall not affect any other provisionprovision of this Agreement. Instead, and the this Agreement shall be construed and enforced as if such invalid or unenforceable provisions had not been includedcontained herein.
Appears in 4 contracts
Samples: Employment Agreement (Avalon Oil & Gas, Inc.), Employment Agreement (Oiltek, Inc.), Management Agreement (Jupiter Marine International Holdings Inc/Fl)
Enforceability. If any provisions provision of this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable under the laws of any jurisdiction, such invalidity or unenforceability shall not affect any other provision, and the this Agreement shall be construed and enforced as if such invalid or unenforceable provisions had are not been includedcontained herein.
Appears in 4 contracts
Samples: Patent License Agreement (SmartMetric, Inc.), Patent License Agreement (SmartMetric, Inc.), Patent License Agreement (SmartMetric, Inc.)
Enforceability. If any provision of this Agreement is held invalid by law, this shall not affect the other provisions of this Agreement, the application of the invalid provision to any circumstance other than that with respect to which this Agreement are held invalid or was found to be unenforceable, such invalidity or unenforceability shall not affect any other provision, and the validity or enforceability of this Agreement shall be construed and enforced as if such provisions had not been includeda whole.
Appears in 3 contracts
Samples: Outside Services Agreement, concord.org, concord.org
Enforceability. If The invalidity or unenforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any the other provisionprovisions hereof, and the this Agreement shall be construed and enforced in all respects as if such provisions had not been includedthe invalid or unenforceable provision were admitted.
Appears in 3 contracts
Samples: Exchange Agreement, Assumption Agreement, Escrow Agreement
Enforceability. If any provisions provision or condition of this Agreement are is held to be invalid or unenforceableunenforceable by any court, such invalidity arbitration tribunal or unenforceability regulatory or self-regulatory agency or body, the validity of the remaining provisions and conditions shall not affect any other provision, be affected thereby and the this Agreement shall be construed and enforced carried out as if any such provisions had invalid or unenforceable provision or condition were not been includedcontained herein.
Appears in 3 contracts
Samples: Clearing Agreement (Hudson Holding Corp), Clearing Agreement (Clayton Dunning Group), Fully Disclosed Clearing Agreement (Nasdaq Stock Market Inc)
Enforceability. If any provisions provision of this Agreement are shall be held invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any way affect or render invalid or unenforceable any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedprovision of this Agreement.
Appears in 3 contracts
Samples: Business Associate Agreement, Sample Business Associate Agreement, Spanish Cove Retirement Village Business Associate Agreement
Enforceability. If In the event that any one or more of the provisions of contained in this Agreement are shall be held invalid to be invalid, illegal or unenforceableunenforceable in any respect, such invalidity invalidity, illegality or unenforceability shall not affect any other provisionprovision hereof, and the this Agreement shall be construed and enforced as if such provisions had invalid, illegal or unenforceable provision did not been includedexist.
Appears in 3 contracts
Samples: Funding Payment Agreement, Funding Payment Agreement, Funding Payment Agreement
Enforceability. If any provisions of this Agreement are held invalid or unenforceable, such The invalidity or unenforceability of any provision of this Agreement, or a part thereof, shall not affect any the other provisionprovisions, and the this Agreement shall be construed and enforced in all respects as if such provisions had not been includedinvalid or unenforceable provision or part were omitted.
Appears in 3 contracts
Samples: Master Agreement (Fountain Powerboat Industries Inc), Engine Supply Agreement (Fountain Powerboat Industries Inc), Baja Engine Supply Agreement (Fountain Powerboat Industries Inc)
Enforceability. If any provisions provision or condition of this Agreement are Agreement is held to be invalid or unenforceableunenforceable by any court, such invalidity arbitration tribunal or unenforceability regulatory or self-regulatory agency or body, the validity of the remaining provisions and conditions shall not affect any other provision, be affected thereby and the this Agreement shall be construed and enforced carried out as if any such provisions had invalid or unenforceable provision or condition were not been includedcontained herein.
Appears in 2 contracts
Samples: Clearing Agreement (Broadpoint Securities Group, Inc.), Agreement (Broadpoint Securities Group, Inc.)
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any jurisdiction, such invalidity or unenforceability shall not affect any other provisionprovision of this Agreement. Instead, and the this Agreement shall be construed and enforced as if such invalid or unenforceable provisions had not been included.contained herein
Appears in 2 contracts
Samples: Consulting Agreement (Uv Flu Technologies Inc), Consulting Agreement (Uv Flu Technologies Inc)
Enforceability. If any provisions provision of this Agreement are Agreement, or any part thereof, is held invalid or unenforceable, this Agreement shall be interpreted as if such invalidity provision or unenforceability shall part thereof was not affect any other provisioncontained herein, and the Agreement same shall be construed and enforced as if such provisions had not been includedin no way affect the validity or enforceability of any other provision in this Agreement.
Appears in 2 contracts
Samples: Cincinnati Deferred Compensation Agreement (Federal Home Loan Bank of Cincinnati), Cincinnati Deferred Compensation Agreement (Federal Home Loan Bank of Cincinnati)
Enforceability. If The invalidity or enforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any the enforceability of or invalidate the other provisionprovisions hereof, and the this Agreement shall be construed and enforced in all respects as if such invalid or unenforceable provisions had not never been includedpart hereof and were omitted herefrom.
Appears in 2 contracts
Samples: Stockholders Agreement (Mirion Technologies, Inc.), Stockholders Agreement (Mirion Technologies, Inc.)
Enforceability. If In the event that any provisions provision of this -------------- Agreement are held is determined to be invalid or unenforceable, the remaining terms and conditions of this Agreement shall be unaffected and shall remain in full force and effect, and any such determination of invalidity or unenforceability enforceability shall not affect the validity or enforceability of any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedprovision of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (American Home Mortgage Holdings Inc), Tax Indemnification Agreement (American Home Mortgage Holdings Inc)
Enforceability. If any provisions provision of this Agreement are is held to be invalid or unenforceable, such invalidity or unenforceability holding shall not affect the validity or enforceability of any other provision, and the Agreement shall be construed and enforced as if such provisions had not been included.
Appears in 2 contracts
Samples: International Land Alliance Inc., Independent Contractor Consulting Agreement (Netfran Development Corp)
Enforceability. If any provisions provision or condition of this Agreement are is held to be invalid or unenforceableunenforceable by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability enforceability shall attach to such provision or condition and the remaining provisions shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedaffected.
Appears in 2 contracts
Samples: Advisory Agreement (Banc Stock Group Inc), Stock Financial Services (Banc Stock Group Inc)
Enforceability. If any provisions provision of this Agreement are shall be held invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any manner affect or render invalid or unenforceable any other provision, severable provision of this Agreement and the this Agreement shall be construed and enforced carried out as if any such provisions had invalid or unenforceable provision were not been includedcontained herein.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ai International Chemicals S.A.R.L.), Stock Purchase Agreement (De Nicolas Eustaquio Tomas)
Enforceability. If The fact that any provisions provision of this Agreement are held is found invalid or unenforceable, such invalidity or unenforceability unenforceable shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedvalidity or enforceability of the remainder of this Agreement.
Appears in 2 contracts
Samples: Agreement and Release of Claims (Atheros Communications Inc), Severance Agreement (Fiberstars Inc /Ca/)
Enforceability. If any provisions provision of this Agreement are is held to be invalid or unenforceable, such invalidity or unenforceability the validity and enforceability of any other provision of this Agreement shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedaffected.
Appears in 2 contracts
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any State of the United States, such invalidity or unenforceability shall not affect any other provisionprovision of this Agreement. Instead, and the this Agreement shall be construed and enforced as if such provisions invalid on unenforceable provision had not been includedcontained herein.
Appears in 2 contracts
Samples: Consulting Agreement (Yi Wan Group Inc), Consulting Agreement (Yi Wan Group Inc)
Enforceability. If any provisions provision of this Agreement are held is determined to be invalid or unenforceable, such invalidity in whole or unenforceability shall in part, this determination will not affect any other provision, provision of this Agreement and the Agreement shall provision in question will be construed and enforced modified by the court so as if such provisions had not been includedto render it enforceable.
Appears in 2 contracts
Samples: Employment Agreement (Thoratec Corp), Employment Agreement (Thoratec Corp)
Enforceability. If any provisions provision of this Agreement are held is determined to be invalid or unenforceable, the remaining terms and conditions of this Agreement shall be unaffected and shall remain in full force and effect, and any such determination of invalidity or unenforceability enforceability shall not affect the validity or enforceability of any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedprovision of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (American Home Mortgage Investment Corp), Employment Agreement (American Home Mortgage Investment Corp)
Enforceability. If any provisions provision of this Agreement are is deemed invalid or unenforceable for any reason by a court or other competent jurisdiction, it shall not be stricken in its entirety or held invalid void or unenforceable, such invalidity or unenforceability but rather shall not affect any other provisionbe deemed modified to make it enforceable to the maximum extent legally permissible, and the Agreement Agreement’s remaining provisions shall continue to be construed in full force and enforced as if such provisions had not been includedeffective.
Appears in 2 contracts
Samples: Waiver and General Release Agreement, Waiver and General Release Agreement
Enforceability. If any provisions provision of this Agreement are AGREEMENT is held to be invalid or unenforceable, such invalidity or unenforceability the validity and enforceability of any other provision of this AGREEMENT shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedaffected.
Appears in 2 contracts
Samples: Support Agreement, Services Agreement
Enforceability. If In the event any provisions provision of this Agreement are held invalid is found to be unenforceable or unenforceableinvalid, such provisions shall be severable from this Agreement to the extent that it is a provision which is not essential and the absence of which would not have prevented the parties from entering into this Agreement. The unenforceability or invalidity or unenforceability of a provision which has been performed shall not affect any other be grounds for invalidation of this Agreement under circumstances in which the true controversy between the parties does not involve such provision, and the Agreement shall be construed and enforced as if such provisions had not been included.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Paxson Communications Corp), Stock Purchase Agreement (Paxson Communications Corp)
Enforceability. If any provisions of provision which is contained in this Agreement are Agreement, should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any State of the United States, such invalidity or unenforceability shall not affect any other provision, provision of this Agreement and the this Agreement shall be construed and enforced as if such provisions invalid or unenforceable provision had not been includedcontained in this Agreement.
Appears in 2 contracts
Samples: Consulting Agreement (ContinuityX Solutions, Inc.), Stock Purchase Agreement (EDUtoons, Inc.)
Enforceability. If any provisions provision of this the Agreement are shall be held invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any manner affect or render invalid or unenforceable any other provisionprovision of this Agreement, and the this Agreement shall be construed and enforced in all respects as if such provisions had not been includedinvalid or unenforceable provision were amended to the minimum extent necessary to render it valid and fully enforceable under applicable law.
Appears in 1 contract
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceable, such invalidity or unenforceability unenforceable shall not affect any other provision, provision of this Agreement and the this Agreement shall be construed and enforced as if such provisions had invalid or unenforceable provision has not been includedcontained herein.
Appears in 1 contract
Samples: Stock Purchase Agreement (Power 3 Medical Products Inc)
Enforceability. If The invalidity or un-enforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not in any way affect any the other provisionprovisions hereof, and the this Agreement shall be construed and enforced in all respects as if such provisions had not been includedinvalid or unenforceable provision was omitted.
Appears in 1 contract
Enforceability. If any one or more provisions of this Agreement are shall for any reason be held invalid illegal or unenforceableinvalid, such illegality or invalidity or unenforceability shall not affect any other provision, provision of this Agreement and the this Agreement shall be construed and enforced as if such provisions had illegal or invalid provision is not been includedcontained herein.
Appears in 1 contract
Samples: Marketing Compensation Agreement (Si Diamond Technology Inc)
Enforceability. If any provisions provision of this the Agreement are held shall be invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any manner affect or render invalid or unenforceable any other provisionprovision of this Escrow Agreement, and the Agreement shall be construed and enforced carried out as if any such provisions had invalid or unenforceable provision were not been includedcontained herein.
Appears in 1 contract
Samples: Escrow Agreement (Atlas Capital SA)
Enforceability. If The invalidity or enforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any the enforceability of or invalidate the other provisionprovisions hereof, and the this Agreement shall be construed and enforced in all respects as if such invalid or unenforceable provisions had not never been included.part hereof and were omitted herefrom. 13.6
Appears in 1 contract
Samples: Stockholders Agreement
Enforceability. If In the event that any of the provisions of this Agreement are held to be invalid or unenforceableunenforceable by any court of competent jurisdiction, such invalidity or unenforceability the remaining provisions hereof shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedaffected thereby.
Appears in 1 contract
Samples: Marketing Services Agreement
Enforceability. If The invalidity or unenforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall will not affect any its other provisionprovisions, and the this Agreement shall will be construed and enforced in all respects as if such provisions invalid or unenforceable provision had not been includedomitted.
Appears in 1 contract
Samples: Executive Officer Services Agreement
Enforceability. If any provisions provision of this Agreement are is held invalid or unenforceable, such invalidity or unenforceability shall apply only to such provision and shall not in any way affect or render invalid or unenforceable any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedprovision of this Agreement.
Appears in 1 contract
Samples: Business Associate Agreement
Enforceability. If any provisions of provision which is contained in this Agreement are Agreement, should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any State of the United States, such invalidity or unenforceability shall not affect any other provision, provision of this Agreement and the in this Agreement shall be construed and enforced as if such provisions had invalid or unenforceable provisionhad not been includedcontained herein.
Appears in 1 contract
Enforceability. If In the event that any provisions of provision contained in this Agreement are shall for any reason be held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisionprovision of this Agreement, and the this Agreement shall be construed and enforced as if such provisions unenforceable provision had not never been includedcontained herein.
Appears in 1 contract
Enforceability. If for any provisions reason any provision of this Agreement are held is determined to be invalid or unenforceable, such invalidity or unenforceability shall will not affect any other provision, those provisions of this Agreement that are valid and the Agreement shall be construed and enforced as if such provisions had not been includedenforceable.
Appears in 1 contract
Samples: Advanced Metering Infrastructure Services Agreement
Enforceability. If The invalidity or enforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall agreement does not affect any the other provisionprovisions, and the Agreement shall be agreement must construed and enforced in all respects as if such the invalid or unenforceable provisions had not been includedwere omitted.
Appears in 1 contract
Enforceability. If The invalidity or unenforceability of any provisions provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision, provision hereof and the Agreement any such invalid or unenforceable provision shall be construed and enforced as if such provisions had not been includeddeemed to be severable herein.
Appears in 1 contract
Samples: Road Improvement Agreement
Enforceability. If In the event that any provisions provision of this Agreement are is held to be invalid or and/or unenforceable, such invalidity or unenforceability it shall not affect the validity or enforceability of any other provision, and provision of the Agreement shall be construed and enforced as if such provisions had not been includeda whole.
Appears in 1 contract
Samples: Non Disclosure Agreement
Enforceability. If any provisions provision of this Agreement are is held invalid or unenforceableunenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, the Parties agree that such invalidity or unenforceability shall will not affect any other provision, and the Agreement shall be construed and enforced as if such validity of the remaining provisions had not been includedof the Agreement.
Appears in 1 contract
Samples: Center for Health
Enforceability. If The invalidity or, unenforceability of any particular provision or provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any or impair the other provision, provisions herein and the this Agreement shall be construed and enforced in all respects as if such invalid or unenforceable provision or provisions had not been includedwere omitted.
Appears in 1 contract
Enforceability. If The invalidity or unenforceability of any provision of this Agreement shall not affect the validity and enforceability of any other provisions of this Agreement are held Agreement, each of which shall remain in full force and effect. In addition, any such invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and the Agreement unenforceable provision shall be construed deemed amended or replaced with a provision that is valid and enforced enforceable which achieves, to the fullest extent possible, the original intent and objectives of the parties as if such provisions had not been includedreflected in the offending provision.
Appears in 1 contract
Samples: Collaboration and Licensing Agreement (Stratus Technologies Bermuda Holdings Ltd.)
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any State of the United States, such invalidity or unenforceability shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been included.provision of this
Appears in 1 contract
Samples: Consulting Agreement (Western Power & Equipment Corp)
Enforceability. If any provisions provision of this Agreement are shall be held invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any manner affect or render invalid or unenforceable any other provisionseverable provision of this Agreement, and this Agreement shall be carried out as if any such invalid or unenforceable provision were not contained herein, and the remainder of this Agreement shall be construed remain operative and enforced as if such provisions had not been includedin full force and effect.
Appears in 1 contract
Samples: Agreement (Lakes Entertainment Inc)
Enforceability. If at any provisions time and for any reason any provision of this Agreement are held shall be determined to be invalid or for any reason, including being illegal, no other provision shall likewise be deemed to be unenforceable; rather, such invalidity or unenforceability shall not affect any other provision, and the balance of the Agreement shall be construed unaffected and enforced as if such provisions had not been includedenforceable.
Appears in 1 contract
Enforceability. If any provision of this Agreement is determined to be legally invalid or unenforceable, the validity or enforceability of the remaining provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedaffected or impaired thereby.
Appears in 1 contract
Enforceability. If any provisions of provision which is contained in this Agreement are Agreement, should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any State of the United States, such invalidity or unenforceability unenforceabilty shall not affect any other provision, provision of this Agreement and the in this Agreement shall be construed and enforced as if such provisions invalid or unenforceable provision had not been includedcontained herein.
Appears in 1 contract
Samples: Registration Rights Agreement (Western Power & Equipment Corp)
Enforceability. If The invalidity or unenforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect in any way effect the other provisionprovisions hereof, and the this Agreement shall be construed and enforced in all respects as if such provisions had not been includedinvalid or unenforceable provision were omitted.
Appears in 1 contract
Samples: Approval of Proposed Improvements, Maintenance and Indemnity Agreement
Enforceability. If The invalidity or unenforceability of any provisions provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any the other provisionprovisions hereof, and the Agreement shall be construed and enforced in all respects as if such invalid or unenforceable provisions had not been includedwere omitted.
Appears in 1 contract
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any jurisdiction, such invalidity or unenforceability shall not affect any other provisionprovision of this, and the Agreement. Instead, this Agreement shall be construed and enforced as if such invalid or unenforceable provisions had not been includedcontained herein.
Appears in 1 contract
Samples: Exclusive Distribution Agreement (Scantek Medical Inc)
Enforceability. If any one or more provisions of this Agreement are held is, either by itself or themselves or with others, adjudged to be invalid or otherwise unenforceable, then such invalidity or unenforceability provision(s) shall not affect any other provisionbe modified as necessary to make them valid and effective, and the remaining parts of this Agreement shall be construed and enforced as if such provisions had not been includedremain unaffected.
Appears in 1 contract
Enforceability. If any provisions provision of this Agreement are is held invalid or unenforceable, such invalidity or unenforceability shall attaches only to such provision and does not in any way affect or render invalid or unenforceable any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedprovision of this Agreement.
Appears in 1 contract
Samples: Business Associate Agreement
Enforceability. If any provision of this agreement is held to be invalid or -------------- unenforceable by a court of competent jurisdiction, this agreement will be interpreted and enforceable as if such provision were not contained herein, the provisions of this Agreement are held invalid or unenforceable, agreement being severable in any such invalidity or unenforceability shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedinstance.
Appears in 1 contract
Samples: Service Agreement (Communications Systems International Inc)
Enforceability. If any provisions of this Agreement are held invalid or unenforceable, such The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision, provision hereof and the Agreement any such invalid or unenforceable provision shall be construed and enforced as if such provisions had not been includeddeemed to be severable herein.
Appears in 1 contract
Enforceability. If The determination that any provisions provision of this Agreement are held is invalid or unenforceable, such invalidity or unenforceability shall unenforceable will not affect any the validity or enforceability of the remaining provisions or of that provision under other provision, and circumstances. Any invalid or unenforceable provision will be enforced to the Agreement shall be construed and enforced as if such provisions had not been includedmaximum extent permitted by law.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Cousins Properties Inc)
Enforceability. If any provisions of this Agreement are held invalid or unenforceable, such The invalidity or unenforceability of any provision of this agreement, whether standing alone or is applied to a particular occurrence or circumstance, shall not affect the legality or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be, and the Agreement such invalid or unenforceable provision shall be construed and enforced as if such provisions had deemed not been includedto be part of this agreement.
Appears in 1 contract
Samples: Release and Waiver of Liability
Enforceability. If any provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been included.,
Appears in 1 contract
Samples: Investment Management Agreement (Liberty Mutual Agency Corp)
Enforceability. If any provisions of provision which is contained in this Agreement are Agreement, should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any State of the United States, such invalidity or unenforceability shall not affect any other provision, provision of this Agreement and the in this Agreement shall be construed and enforced as if such provisions invalid or unenforceable provision had not been included.contained herein. C.
Appears in 1 contract
Enforceability. If The invalidity or unenforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any the other provisionprovisions hereof, and the this Agreement shall be construed and enforced in all respects as if such the invalid or unenforceable provisions had not been includedomitted.
Appears in 1 contract
Enforceability. If The invalidity or enforceability of any provisions particular provision of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall agreement does not affect any the other provisionprovisions, and the Agreement shall agreement must be construed and enforced in all respects as if such the invalid or unenforceable provisions had not been includedwere omitted.
Appears in 1 contract
Enforceability. If any provisions of provision which is contained in this Agreement are should, for any reason, be held to be invalid or unenforceableunenforceable in any respect under the laws of any state of the United States, such invalidity or unenforceability shall not affect any other provision, provision of this Agreement and the in this Agreement shall be construed and enforced as if such provisions invalid or unenforceable provision had not been includedcontained herein.
Appears in 1 contract
Samples: Employment Agreement (Qep Co Inc)
Enforceability. If any provisions of this Agreement are held invalid or unenforceable, such The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision, provision hereof and the Agreement any such invalid or unenforceable provision shall be construed and enforced as if such provisions had not been includeddeemed to be severable.
Appears in 1 contract
Samples: Road Improvement Agreement
Enforceability. If any one or more of the provisions of this Agreement are shall be held invalid or unenforceable, such invalidity provisions shall be modified to the minimum extent necessary to make it or unenforceability its application valid and enforceable, and in any event, the validity and enforceability of all other provisions of this Agreement shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedaffected.
Appears in 1 contract
Enforceability. If The enforceability or invalidity of any provision or provisions of this Agreement are held does not render any other provision or provisions of this Agreement unenforceable or invalid, and in lieu of each such illegal, invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and the Agreement unenforceable provision there shall be construed added automatically as a part of this Agreement a provision as similar terms to such illegal, invalid or unenforceable provision as may be possible, which provision shall be legal, valid and enforced as if such provisions had not been includedenforceable.
Appears in 1 contract
Samples: Loan Agreement (United Pan Europe Communications Nv)
Enforceability. If any of the provisions of this Agreement are held an Order or these Terms and Conditions shall be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisioninvalidate or render unenforceable the entire agreement. The entire agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the Agreement rights and obligations of Telect and Supplier shall be construed and enforced as if such provisions had not been includedaccordingly.
Appears in 1 contract
Samples: amphenol-ns.com
Enforceability. If any provision of this Agreement is held invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, the Parties agree that such invalidity will not affect the validity of the remaining provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and the Agreement shall be construed and enforced as if such provisions had not been includedAgreement.
Appears in 1 contract
Samples: Data Use Agreement
Enforceability. If any one or more of the provisions of this the Agreement are held invalid deemed to be invalid, illegal, or unenforceableunenforceable in any respect, such invalidity or unenforceability shall not affect any other provisionthe validity, legality, and enforceability of the remaining provisions contained in the Agreement shall not be construed and enforced as if such provisions had not been includedaffected or impaired.
Appears in 1 contract
Enforceability. 8.5 If any provisions part of this Agreement are held invalid is or becomes invalid, void or unenforceable, such invalidity or unenforceability this shall not affect any other provisionof the remaining provisions of this Agreement. If part of any provision is held to be invalid, void or unenforceable but would be valid and the Agreement enforceable if some part thereof were deleted, such provision shall apply with such modification as may be construed necessary to make it valid and enforced as if such provisions had not been includedenforceable.
Appears in 1 contract
Samples: Uk Agreement (ENVIRI Corp)
Enforceability. If any provisions provision of this Agreement are held invalid shall be invalid, illegal, or unenforceable, such invalidity or unenforceability it shall not affect or impair the validity, legality, or enforceability of any other provisionprovision of this Agreement, and the Agreement there shall be construed substituted for the affected provision a valid and enforced enforceable provision as if such provisions had not been includedsimilar as possible to the affected provision.
Appears in 1 contract
Samples: Easement Agreement