No Severability Clause Samples

No Severability. If any provision of this Amendment is held to be invalid or unenforceable under Applicable Law, such invalidity or unenforceability shall not invalidate the entire Amendment (unless such construction would be unreasonable), and this Amendment shall be construed as if it did not contain the invalid or unenforceable provision or provisions, and the rights and obligations of each Party construed and enforced accordingly; provided, however, the Parties agree that, it would be unreasonable to not invalidate the entire Amendment if, among other things, one (1) or more portions of Section 1(a) were held to be invalid or unenforceable. If any provision of this Amendment is held to be invalid or unenforceable under Applicable Law, and it would be unreasonable to not invalidate the entire Amendment, the Parties shall negotiate in good faith respecting an amendment hereto that would preserve, to the fullest extent possible, the respective benefits and burdens imposed on each Party under this Amendment as originally executed. In the event, and only in the event, that the Parties are unable to agree on the terms of such amendment within forty five (45) days after such declaration of invalidity or unenforceability, then either Party, on written notice, may terminate its obligations contained in this Amendment in the state(s) or jurisdiction(s) in which such invalidity or unenforceability occurs only, in which event this Amendment shall thereafter be of no force and effect within such affected jurisdiction(s); in such case, effective from and after the date of receipt of the foregoing notice (without the need for any further action such as an amendment of the affected Interconnection Agreement(s)), the provisions, if any, under Applicable Law shall apply to the subject matter of this Amendment in the affected jurisdiction(s).

No Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the entirety of this Agreement shall be rendered null and void and the Fee Amount shall thereupon be immediately due and payable.

No Severability. Each phrase, sentence, clause, section, subsection --------------- or provision of this Agreement is dependent on the other and if any such phrase, sentence, clause, subsection, or provision as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, then this entire Agreement, and any and all documents executed or delivered contemporaneously with the Closing, shall be deemed null and void, and invalid and unenforceable.

No Severability. It is the intent of the parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall affect the other provisions of this Agreement and this Agreement shall thereupon terminate.

No Severability. If any of the provisions of this Amendment are held to be invalid or unenforceable by a court or regulatory authority of competent jurisdiction, BA may elect, at its sole option, to terminate this Amendment or to enter into a mutually agreeable further amendment to the Resale Agreements and/or agreement incorporating by reference the terms of applicable BA resale tariffs (with respect only to CTC). In case of such termination, CTC shall nonetheless remain obligated to pay to BA all amounts, if any, due to BA pursuant to and, on terms set forth in, this Amendment that have accrued as of the date of termination.

No Severability. The Parties intend that this Agreement, including all Attachments hereto, be indivisible and nonseverable, and each of the Parties acknowledges that it has assented to all of the terms, provisions, conditions, covenants, representations, warranties and promises in this Agreement (the “Provisions”) as a single whole, and that all such Provisions, taken as a whole, constitute the essence of the contract. The Parties further acknowledge that this Agreement is intended to constitute a single transaction, that the obligations of the Parties under this Agreement are interdependent, and that payment obligations under this Agreement by any other Party to any Party are intended to be recouped against other payment obligations under this Agreement by any Party to any other Party. If any of the Provisions is determined to be invalid, illegal or unenforceable in any respect for any reason, then, except as otherwise provided in Section 7.2 below, the entire Agreement shall be voidable at the election of the either Party. In addition, should either Party seek to terminate, cancel or reject less than the entirety of this Agreement, the entire Agreement shall be voidable at the election of the other Party except as otherwise provided in Section 7.2 below.

No Severability. No Unit Owner may or shall execute or make any deed, mortgage or other conveyance of his Unit without including in such conveyance the Appurtenant Interests (specifically including without limitation any beach rights and rights in recreational facilities which may arise as a result of membership in the Association of Unit Owners), it being the intention hereof that there be no severance of Unit Ownership from Appurtenant Interests and no retention of beach rights or other rights or interests except as the same may devolve from then current Unit Ownership and Membership in the Association of Unit Owners.

No Severability. Dynegy acknowledges that an integral and fundamental consideration for the agreement by CUSA to participate in the Series B Exchange is the validity and enforceability of the Exchange Securities to be received by CUSA and the receipt by it of the Cash Payment not being recoverable from CUSA by anyone claiming by, through or under Dynegy, DHI or any creditor or security holder of either (or any trustee acting for the benefit of any of the foregoing or Person exercising similar voiding powers under Federal bankruptcy/reorganization law or state law). In the event that any material portion of the Exchange Consideration is determined to be void, voidable, invalid, unenforceable and/or subject to being returned or otherwise disgorged as having arisen from a void, voidable or similar transfer or conveyance, then the Series B Exchange shall be deemed to have not occurred and the parties shall be restored to their original respective positions (as nearly as may be) as those positions existed immediately prior to the Series B Exchange; provided, however, that the obligations of the parties under this Section 8.9 shall be equitably adjusted in the event, and to the extent, that (i) CUSA and its Affiliates no longer own Exchange Securities (it being the intent that this Section 8.9 shall not be applicable in respect of Exchange Securities no longer owned by CUSA and its Affiliates); and (ii) Dynegy's ability to comply with this Section 8.9 is constrained by Illinois or other applicable law or by the provisions of any agreement, indenture or other instrument to which Dynegy or any of its Affiliates are party. The parties shall use their respective reasonable best efforts to effectuate the intent and purpose of this Section 8.9.

No Severability. If any provision of this Agreement shall --------------- be invalid or unenforceable in any jurisdiction for any reason whatsoever, then (a) this entire Agreement shall be null and void and of no legal or other effect whatsoever and (b) this Agreement and rights and obligations hereunder shall not be enforceable against any party hereto or against any holder of Preferred Shares.