Invalidity and Waiver. Any provision in this Agreement that is held to be illegal or unenforceable shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions and any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. 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 by the same or any other such term or provision in the future.
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Inland Real Estate Income Trust, Inc.), Assumption and First Amended Asset Purchase Agreement