PARTIAL INVALIDITY; WAIVER. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such provision shall be severed from this Agreement and shall not affect the validity of this Agreement as a whole or any of its other provisions. No waiver of any provision of this Agreement shall be effective unless it is set forth in a writing that refers to the provision so waived and is executed by an authorized representative of the party waiving its rights. No failure or delay by either party in exercising any right, power or remedy will operate as a waiver of any such right, power or remedy.
Appears in 4 contracts
Samples: Technology License and Services Agreement (Phoenix Technologies LTD), Technology License and Services Agreement (Phoenix Technologies LTD), Technology License and Services Agreement (Phoenix Technologies LTD)
PARTIAL INVALIDITY; WAIVER. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such provision shall be severed from this Agreement and shall not affect the validity of this Agreement as a whole or any of its other provisions. No waiver of any provision of this Agreement shall be effective unless it is set forth in a writing that refers to the provision so waived and is executed by an authorized representative of the party waiving its rights. No failure or delay by either party in exercising any right, power or remedy will operate as a waiver of any such right, power or remedy.
Appears in 1 contract
Samples: Technology License and Services Agreement (Phoenix Technologies LTD)
PARTIAL INVALIDITY; WAIVER. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such provision shall be severed from this Agreement and shall not affect the validity of this Agreement as a whole or any of its other provisions. No waiver of any provision of this Agreement shall be effective unless it is set forth in a writing that refers to the provision so waived and is executed by an authorized representative of the party waiving its rights. No failure or delay by either party in exercising any right, power or remedy will operate as a waiver of any such right, power or remedy.
Appears in 1 contract
Samples: Technology License and Services Agreement (NYXIO TECHNOLOGIES Corp)