Common use of PARTIAL INVALIDITY; WAIVER Clause in Contracts

PARTIAL INVALIDITY; WAIVER. 13.1 If at any time, any one or more of the provisions hereof is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, that provision shall as to that jurisdiction be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions of this Agreement or of such provisions in any other jurisdiction. The invalid or unenforceable provision shall be deemed replaced by a valid, legal and enforceable provision which comes as close as possible to the orginal intent of the parties as to the invalid, illegal or unenforceable provision. This shall apply analogously in the case of gaps. 13.2 No failure to exercise, nor any delay in exercising, on the part of the Security Trustee, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided hereunder are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Shareholder Loan Assignment Agreement (Marconi Corp PLC), Shareholder Loan Assignment Agreement (Marconi Corp PLC), Shareholder Loan Assignment Agreement (Marconi Corp PLC)

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PARTIAL INVALIDITY; WAIVER. 13.1 14.1 If at any time, any one or more of the provisions hereof is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, that provision shall as to that jurisdiction be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions of this Agreement or of such provisions in any other jurisdiction. The invalid or unenforceable provision shall be deemed replaced by a valid, legal and enforceable provision which comes as close as possible to the orginal original intent of the parties as to the invalid, illegal or unenforceable provision. This shall apply analogously in the case of gaps. 13.2 14.2 No failure to exercise, nor any delay in exercising, on the part of the Security TrusteePledgee, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided hereunder are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Account Pledge Agreement (Marconi Corp PLC), Account Pledge Agreement (Marconi Corp PLC), Account Pledge Agreement (Marconi Corp PLC)

PARTIAL INVALIDITY; WAIVER. 13.1 18.1 If at any time, any one or more of the provisions hereof is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, that provision shall as to that jurisdiction be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions of this Agreement or of such provisions in any other jurisdiction. The invalid or unenforceable provision shall be deemed replaced by a valid, legal and enforceable provision which comes as close as possible to the orginal original intent of the parties as to the invalid, illegal or unenforceable provision. This shall apply analogously in the case of gaps. 13.2 18.2 No failure to exercise, nor any delay in exercising, on the part of the Security Trustee, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided hereunder are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Global Assignment Agreement (Marconi Corp PLC)

PARTIAL INVALIDITY; WAIVER. 13.1 If at any time, any one or more of the provisions hereof is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, that such provision shall as to that jurisdiction such jurisdiction, be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions of this Agreement hereof or of such provisions in any other jurisdiction. The invalid or unenforceable provision shall be deemed replaced by a such valid, legal and or enforceable provision which comes as close as possible to the orginal original intent of the parties as to and the invalid, illegal or unenforceable provision. This shall apply analogously in the case of gaps. 13.2 No failure to exercise, nor any delay in exercising, on the part of the Security Trustee, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided hereunder are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Assignment Agreement (Messer Griesheim Holding Ag)

PARTIAL INVALIDITY; WAIVER. 13.1 10.1 If at any time, any one or more of the provisions hereof is or becomes may become invalid, illegal or unenforceable in any respect under the law of any applicable jurisdiction, that such provision shall as to that jurisdiction such jurisdiction, be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions of this Agreement hereof or of such provisions in any other jurisdiction. The invalid or unenforceable provision shall be deemed replaced by a such valid, legal and or enforceable provision which comes as close as possible to the orginal original intent of the parties as to Parties and the invalid, illegal or unenforceable provision. This shall apply analogously in the case of gaps. 13.2 10.2 No failure to exercise, nor any delay in exercising, on the part of the Security TrusteeAgent, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided hereunder are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Security Purpose Agreement

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PARTIAL INVALIDITY; WAIVER. 13.1 15.1 If at any time, any one or more of the provisions hereof is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, that provision shall as to that jurisdiction jurisdiction, be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions of this Agreement or of such provisions in any other jurisdiction. The invalid or unenforceable provision shall be deemed replaced by a valid, legal and enforceable provision which comes as close as possible to the orginal intent of the parties as to the invalid, illegal or unenforceable provision. This shall apply analogously in the case of gaps. 13.2 15.2 No failure to exercise, nor any delay in exercising, on the part of the Security Trustee, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided hereunder are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Security Transfer Agreement (Marconi Corp PLC)

PARTIAL INVALIDITY; WAIVER. 13.1 11.1 If at any time, any one or more of the provisions hereof is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, that such provision shall as to that jurisdiction such jurisdiction, be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions of this Agreement hereof or of such provisions in any other jurisdiction. The invalid or unenforceable provision shall be deemed replaced by a valid, legal and enforceable such provision which comes as close as possible to the orginal original intent of the parties as to and the invalid, illegal or unenforceable provision. This shall apply applies analogously in the case event of gapsgaps (VERTRAGSLUCKEN). 13.2 11.2 No failure to exercise, nor any delay in exercising, on the part of the Security TrusteeAgent, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies provided hereunder are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Secured Facilities Agreement (Grohe Holding GMBH)

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