h Severability. 19 I. Assignment ........................................................ 19 J. No Franchise Fee .................................................. 19 K. Captions .......................................................... 19 L. Benefit ........................................................... 19 M. Notice of Failure to Act in "Good Faith" .......................... 20 [INFINITI LOGO] INFINITI DEALER SALES AND SERVICE AGREEMENT The following Standard Provisions have by reference been incorporated in and made a part of the Infiniti Dealer Sales and Service Agreement which they accompany and which has been executed on behalf of Seller and Dealer.
h Severability. If this Agreement contains any unlawful provision not an essential part of the Agreement and which shall not appear to have been a controlling or material inducement to the making of this Agreement, the unlawful provision shall be deemed of no effect and shall, upon agreement by the parties, be deemed stricken from the Agreement without affecting the binding force of the remainder. [signatures follow on next page]
h Severability. If any provision of this Assignment is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof such provision shall be fully severable; this Assignment shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised apart hereof, and the remaining provisions of this Assignment shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Assignment.
h Severability. 32 I. COUNTERPARTS........................................................................................... 33 J. DESCRIPTIVE HEADINGS; INTERPRETATION................................................................... 33 K. NOTICES................................................................................................ 33 Share Purchase Agreement ii SHARE PURCHASE AGREEMENT ------------------------ THIS AGREEMENT is made as of DECEMBER 21, 1998, between REAL EDUCATION, INC., a Colorado corporation (the "COMPANY"), and the Persons listed on the Schedule of Purchasers attached hereto (collectively referred to herein as the "PURCHASERS" and individually as a "PURCHASER"). Except as otherwise indicated herein, capitalized terms used herein are defined in Section 1 hereof. The parties hereto agree as follows:
h Severability. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, such provision, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall be deemed severable, and the remainder hereof shall not be affected thereby, and each term, covenant, or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law.
h Severability. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions hereof shall not be in any way impaired, unless the provisions held invalid, illegal or unenforceable shall substantially impair the benefits of the remaining provisions hereof.
h Severability. If a provision of this Agreement is determined to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability will not affect the other provisions of this Agreement, which will remain valid, operative and enforceable. Upon a determination that a provision is illegal, invalid or unenforceable, the parties will negotiate in good faith to modify this Agreement so as to achieve the original intent of the parties as closely as possible with respect to the illegal, invalid or unenforceable provisions.
h Severability. 36 SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF DIVERSIFIED FUTURES FUND L.P. This Second Amended and Restated Agreement of Limited Partnership of DIVERSIFIED FUTURES FUND L.P. (the "Partnership"), made and entered into as of the 1st day of October, 2004 by and among PREFERRED INVESTMENT SOLUTIONS CORP. (formerly known as Kenmar Advisory Corp.), a Connecticut corporation, as General Partner of the Partnership, and those persons who execute a counterpart to this Agreement and are hereafter admitted to the Partnership as limited partners in accordance with the provisions hereof and whose names and addresses shall upon such admission be added to the books and records of the Partnership.
h Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by rule of Law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the Merger is not affected in any manner adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the Merger is fulfilled to the extent possible.
h Severability. Subject to all of its terms and conditions, this policy shall apply to each “Insured” in the same manner and to the same extent as if a separate policy had been issued to each. With respect to the declarations and statements contained in the application for coverage, the knowledge of one “insured” shall not be imputed to any other “Insured”. The total amount payable hereunder on behalf of all “Insureds” and, notwithstanding the number of “Insured’s” involved, shall not exceed the limit of liability stated in the Declarations. i Territory Except as otherwise stated, coverage shall apply worldwide. j Currency
