PARTIAL INVALIDITY; WAIVER. If any provision of this Agreement or the application thereof to any Party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event the Parties shall use reasonable efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any deviation by a Party from the terms and conditions required under applicable laws, rules and regulations shall not be considered a breach of this Agreement. Neither a failure of a Party to exercise any power or right given such Party hereunder or to insist upon strict compliance by the other Party with its obligations hereunder, nor any custom or practice of the other Party at variance with the terms hereof, shall constitute a waiver of a Party's right to demand exact compliance with the terms of this Agreement.
Appears in 7 contracts
Samples: General Terms and Conditions Agreement, General Terms and Conditions Agreement, General Terms and Conditions Agreement
PARTIAL INVALIDITY; WAIVER. If any provision of this Agreement or the application thereof to any Party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event the Parties shall use reasonable efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any deviation by a either Party from the terms and conditions required under applicable laws, rules and regulations shall not be considered a breach of this Agreement. Neither a No failure of a either Party to exercise any power or right given such either Party hereunder or to insist upon strict compliance by the other either Party with its obligations hereunder, nor any and no custom or practice of the other Party at variance with the terms hereof, hereof shall constitute a waiver of a either Party's right to demand exact compliance with the terms of this Agreement.
Appears in 6 contracts
Samples: Hosted Services Subscription Agreement, Hosted Services Subscription Agreement, Hosted Services Subscription Agreement
PARTIAL INVALIDITY; WAIVER. If any provision of this Agreement or the application thereof to any Party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event the Parties Party shall use reasonable efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any deviation by a either Party from the terms and conditions required under applicable laws, rules and regulations shall not be considered a breach of this Agreement. Neither a No failure of a either Party to exercise any power or right given such either Party hereunder or to insist upon strict compliance by the other either Party with its obligations hereunder, nor any and no custom or practice of the other Party at variance with the terms hereof, hereof shall constitute a waiver of a either Party's right to demand exact compliance with the terms of this Agreement.
Appears in 6 contracts
Samples: Terms of Sale, Terms of Sale, Terms of Sale
PARTIAL INVALIDITY; WAIVER. If any provision of this Agreement or the application thereof to any Party party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event the Parties parties shall use reasonable their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any deviation by a Party either party from the terms and conditions required under with applicable laws, rules and regulations shall not be considered a breach of this Agreement. Neither a No failure of a Party either party to exercise any power or right given such Party either party hereunder or to insist upon strict compliance by the other Party either party with its obligations hereunder, nor any and no custom or practice of the other Party parties at variance with the terms hereof, hereof shall constitute a waiver of a Partyeither party's right to demand exact compliance with the terms of this Agreementhereof.
Appears in 3 contracts
Samples: Software License and Professional Services Agreement (Speechworks International Inc), Software License and Professional Services Agreement (Speechworks International Inc), Development and License Agreement (Speechworks International Inc)
PARTIAL INVALIDITY; WAIVER. If any provision of this Agreement or the application thereof to any Party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event the Parties Party shall use reasonable efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any deviation by a either Party from the terms and conditions required under applicable laws, rules and regulations shall not be considered a breach of this Agreement. Neither a No failure of a either Party to exercise any power or right given such either Party hereunder or to insist upon strict compliance by the other either Party with its obligations hereunder, nor any and no custom or practice of the other Party Parties at variance with the terms hereof, hereof shall constitute a waiver of a either Party's right to demand exact compliance with the terms of this Agreement.
Appears in 3 contracts
Samples: Master Hosting Services Agreement, Master Hosting Services Agreement, Master Hosted Services Agreement
PARTIAL INVALIDITY; WAIVER. If any provision of this Agreement or the application thereof to any Party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event the Parties shall use reasonable efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any deviation by a either Party from the terms and conditions required under applicable laws, rules and regulations shall not be considered a breach of this Agreement. Neither a No failure of a either Party to exercise any power or right given such either Party hereunder or to insist upon strict compliance by the other either Party with its obligations hereunder, nor any and no custom or practice of the other Party Parties at variance with the terms hereof, hereof shall constitute a waiver of a either Party's right to demand exact compliance with the terms of this Agreement.
Appears in 2 contracts
Samples: Product Supply Agreement, Mutual Non Disclosure Agreement
PARTIAL INVALIDITY; WAIVER. If any provision of this Agreement or the application thereof to any Party party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event the Parties parties shall use reasonable their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any deviation by a Party from the terms and conditions required under applicable laws, rules and regulations shall not be considered a breach of this Agreement. Neither a No failure of a Party either party to exercise any power or right given such Party either party hereunder or to insist upon strict compliance by the other Party either party with its obligations hereunder, nor any and no custom or practice of the other Party parties at variance with the terms hereof, hereof shall constitute a waiver of a Partyeither party's right to demand exact compliance with the terms of this Agreementhereof.
Appears in 1 contract
Samples: Service Agreement
PARTIAL INVALIDITY; WAIVER. If any provision of this Agreement or the application thereof to any Party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event the Parties shall use reasonable efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any deviation by a Party from the terms and conditions required under applicable laws, rules and regulations shall not be considered a breach of this Agreement. Neither a failure of a Party to exercise any power or right given to such Party hereunder or to insist upon strict compliance by the other Party with its obligations hereunder, nor any custom or practice of the other Party at variance with the terms hereof, shall constitute a waiver of a Party's right to demand exact compliance with the terms of this Agreement.
Appears in 1 contract
Samples: Healthcare Master Agreement
PARTIAL INVALIDITY; WAIVER. If any provision of this Agreement or the application thereof to any Party party or circumstances shall be declared void, illegal or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event event, the Parties shall use reasonable efforts to parties may replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid or unenforceable provision. Any deviation by a Party either party from the terms and conditions required under with applicable laws, rules and regulations shall not be considered a breach of this Agreement. Neither a No failure of a Party either party to exercise any power or right given such Party either party hereunder or to insist upon strict compliance by the other Party either party with its obligations hereunder, nor any and no custom or practice of the other Party parties at variance with the terms hereof, hereof shall constitute a waiver of a Partyeither party's right to demand exact compliance with the terms of this Agreementhereof.
Appears in 1 contract
Samples: Master Software License Agreement (Speechworks International Inc)