Non-Waiver; Severability. Any delay or failure by either party to exercise any right or remedy under this Agreement shall not constitute a waiver of such right or remedy thereafter or of any other right or remedy. If any provision of this Agreement is determined to be unenforceable, the remaining provisions shall remain in full force and effect.
Non-Waiver; Severability. The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any subsequent breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Non-Waiver; Severability. No waiver of any breach of any provision of the Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision contained in the Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and the remaining provisions of the Agreement will remain in full force and effect.
Non-Waiver; Severability. Failure by a party to enforce its rights hereunder will not be deemed a waiver of its future enforcement of such right or other rights. If any term of this Agreement is held to be invalid, the remainder of the Agreement will remain in force.
Non-Waiver; Severability. Failure of either party to enforce any of its rights hereunder will not be deemed to constitute a waiver of its future enforcement of such rights or any other rights. If any provisions of this Agreement are held to be invalid, illegal, or unenforceable under present or future laws, such provisions will be struck from the Agreement or amended, but only to the extent of their invalidity, illegality or unenforceability. The parties will remain legally bound by the remaining terms of this Agreement, and will strive to reform the Agreement in a manner as consistent as reasonably possible with the original intent of the parties as expressed herein.
Non-Waiver; Severability. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of any party thereof to enforce each and every such provision. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof.
Non-Waiver; Severability. A waiver of any right under this Agreement by REDHILL on any occasion shall not in any way constitute a waiver of such right or any other right on any subsequent occasion. In the event any provision of this Agreement is determined to be invalid, such invalidity shall not affect the validity of remaining portions of this Agreement, and the parties agree to substitute, for the invalid provision, a provision which most closely approximates the intent and economic effect of the invalid provision.
Non-Waiver; Severability. DEW waiver of any right under this Order shall not constitute a waiver of such right or any other right on any other occasion. In the event any provision of this Order is determined to be invalid, such invalidity shall not affect the validity of remaining portions of this Order, and the parties shall substitute for the invalid provision a provision that most closely approximates the intent and economic effect of the invalid provision.
Non-Waiver; Severability. A waiver of any right under this Agreement by a party on any occasion shall not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of this Agreement is determined to be invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement, and the parties shall substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. Colorado Springs Utilities By: By: Name: Name: Title: Choose title Title: Date: Date: In witness whereof, the representative of Contractor hereto certifies via execution below that the representative is duly authorized to commit Contractor to this Agreement in its entirety:
Non-Waiver; Severability. The failure by NEcA WA to insist upon strict performance of any of the covenants in this Agreement or any delay by NEcA WA in exercising any of its remedies or rights shall not constitute or be deemed a waiver by NEcA WA. If a court determines that a provision of this Agreement is unenforceable, illegal or void then the remaining provisions shall nevertheless be unaffected and shall continue in full force and effect.
