Not Severable. Except as to procedural issues set forth in Section 10 above, no provision of this Agreement shall be severable from this Agreement. Accordingly, except as set forth in Section 10 above, if any portion of this Agreement is held to be prohibited, invalid, or unenforceable, then the Settlement Agreement as a whole shall be deemed invalid and unenforceable and shall not be binding on the parties, but Section 11 shall apply.
Not Severable. The terms and conditions of this Agreement are not severable. However, if any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where praticable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of this Agreement shall not be affected.
Not Severable. Whether or not certain of the terms of this Master Lease are specific to or can be applied to individual Leased Premises, the entire Master Lease including, without limitation, the Lease Term and Rent, was negotiated and agreed upon based on the integrated nature of the entire agreement and the Intent of the parties is to create an integrated agreement. The parties acknowledge and aver that this Master Lease and any of the entitlements hereunder would make no economic sense on a partial or several basis. Accordingly, in view of the foregoing and of the Intent, Tenant agrees that this Master Lease and the Leased Premises hereunder cannot be severed or partially assumed in any manner without the express written consent of Landlord. Tenant waives any and all rights, if any, to seek to sever or partially assume any portion of this Master Lease pursuant to section 365 of the Bankruptcy Code or otherwise.
