Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 77 contracts
Samples: Purchase and Sale Agreement (Star Equity Holdings, Inc.), Purchase and Sale Agreement (LMP Automotive Holdings, Inc.), Purchase and Sale Agreement (McAfee Corp.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 36 contracts
Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.), Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.), Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 28 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Peakstone Realty Trust)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party a Party to enforce against the other another Party any term or provision of this Agreement shall not be deemed to be a waiver of such partyParty’s right to enforce against the other party Party the same or any other such term or provision in the future.
Appears in 11 contracts
Samples: Membership Interest Purchase Agreement (Bluerock Residential Growth REIT, Inc.), Contribution Agreement (Bluerock Residential Growth REIT, Inc.), Contribution Agreement (Bluerock Residential Growth REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either a party to enforce against the any other party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 9 contracts
Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)
Invalidity and Waiver. If any portion of this Agreement Contract is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement Contract shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement Contract shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 6 contracts
Samples: Real Estate Sale Contract, Real Estate Sale Contract (Carter Validus Mission Critical REIT, Inc.), Real Estate Sale Contract (Carter Validus Mission Critical REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 6 contracts
Samples: Consulting Services Agreement (Arena Pharmaceuticals Inc), Consulting Services Agreement (Arena Pharmaceuticals Inc), Services Agreement (Arena Pharmaceuticals Inc)
Invalidity and Waiver. If any portion of this Agreement is held to be invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 5 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.), Purchase and Sale Agreement (Bluerock Residential Growth REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed not to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the futureprovision.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Global Medical REIT Inc.), Purchase and Sale Agreement (Trade Street Residential, Inc.), Purchase and Sale Agreement (Trade Street Residential, Inc.)
Invalidity and Waiver. If any portion of this Agreement Contract is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement Contract shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement Contract shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 5 contracts
Samples: Improved Commercial Property Earnest Money Contract, Membership Interest Purchase Agreement (Cottonwood Multifamily Reit Ii, Inc.), Real Estate Contract (Resource Apartment REIT III, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Griffin Capital Essential Asset REIT II, Inc.), Purchase and Sale Agreement (Cyberonics Inc), Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Invalidity and Waiver. If any portion of this Agreement is held invalid invalid, void, unenforceable or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operativeoperative and otherwise in full force and effect, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 4 contracts
Samples: Mission Trip Agreement, Mission Trip Agreement, Mission Trip Agreement
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either a party to enforce against the other another party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 4 contracts
Samples: Membership Interest Purchase Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Membership Interest Purchase and Sale Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Membership Interest Purchase Agreement (Bluerock Multifamily Growth REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then then, so far as is reasonable and possible possible, the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Rexford Industrial Realty, Inc.), Purchase and Sale Agreement (Rexford Industrial Realty, Inc.), Purchase and Sale Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Invalidity and Waiver. If any portion of this Agreement Contract is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement Contract shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement Contract shall not be deemed not to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the futureprovision.
Appears in 3 contracts
Samples: Contract of Sale, Contract of Sale, Contract of Sale
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by of either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Home Properties of New York Inc), Purchase and Sale Agreement (Town & Country Trust)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Asset Capital Corporation, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible and so long as each party obtains the principal benefits for which it bargained, the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Membership Interest Purchase and Sale Agreement (Maxus Realty Trust Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the futureprovision.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party by the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (First Real Estate Investment Trust of New Jersey)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, operative and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Universal Health Realty Income Trust)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the futureprovision.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Resource Real Estate Opportunity REIT II, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then then, so far as is reasonable and possible possible, the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either any party to enforce against the any other party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the any other party the same or any other such term or provision in the future.
Appears in 1 contract
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed not to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Veritas Software Corp /De/)
Invalidity and Waiver. If any portion of this Agreement is held --------------------- invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Bre Properties Inc /Md/)
Invalidity and Waiver. If any portion of this Agreement is held --------------------- invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (First Capital Insured Real Estate Limited Partnership)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver wavier of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Invalidity and Waiver. If any portion of this Agreement is held --------------------- invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party by the same or any other such term or provision in the future.. (g)
Appears in 1 contract
Samples: Purchase and Sale Agreement (Proton Energy Systems Inc)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible possible, the remainder of this Agreement shall be deemed valid and operative, operative and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party any Party to enforce against the other Party any term or provision of this Agreement shall not be deemed to be a waiver of such partyParty’s right to enforce against the other party Party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Management Agreement
