Common use of Non-Waiver; Severability Clause in Contracts

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.

Appears in 4 contracts

Samples: smartenergy.com, smartenergy.com, smartenergy.com

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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 the Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of this the Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this the Agreement shall remain in full force and effect.

Appears in 2 contracts

Samples: smartenergy.com, smartenergy.com

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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.

Appears in 1 contract

Samples: smartenergy.com

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