Remedies and Severability. The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by law. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of those that may be hereafter declared invalid, illegal, void or unenforceable.
Remedies and Severability. The remedies provided in this ------------------------- Agreement are cumulative and not exclusive of any remedies provided by law. If any term, provision, covenant or restriction of this Agreement is held by a board of arbitration or a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of those that may be hereafter declared invalid, illegal, void or unenforceable.
Remedies and Severability. The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by law. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Remedies and Severability. No remedy herein provided shall be deemed exclusive of any other remedy allowed by law. No waiver of a breach of any provision of the Purchase Order shall constitute a waiver of any other breach, or of such provision. If any provision of the Order is for any reason held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of the Order; and the Order will be construed as if such invalid, illegal, or unenforceable provision had never been contained in the Order.
Remedies and Severability. Consultant hereby acknowledges that the recovery of damages by Caraustar may not be an adequate means to redress a breach of Sections 5 6 and 7 of this Agreement, which Consultant acknowledges would cause Caraustar irreparable harm. Specifically, Consultant agrees that Caraustar shall have the right of injunctive relief or specific performance hereof in addition to any other remedies that may be available to it.
Remedies and Severability. The Majority Shareholder acknowledges that a breach by him/her of the provisions of this Agreement will cause Mesa irreparable damage for which Mesa cannot reasonably or adequately be compensated in damages. Mesa shall, therefore, be entitled, in addition to any other remedies available to it, to injunctive and/or other equitable relief to prevent a breach of such provisions, or any part thereof, and to insure enforcement of such provisions. The consideration for the foregoing covenant not to compete is Mesa’s agreement to purchase the Bios assets and to pay the agreed to purchase price, and the Majority Shareholder acknowledges the adequacy of such consideration. The parties covenant and agree that to the extent any provisions or portion of this Agreement shall be held, found or deemed to be unreasonable, unlawful or unenforceable, then the parties hereto agree to modify this Agreement to the extent necessary in order to make such provision or portion legally enforceable. In the event that any one or more of the provisions contained in this Agreement, or the application thereof, shall be declared invalid, void or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and the application of such provision to the Majority Shareholder or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. The parties further agree to replace such invalid, void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid, void or unenforceable provision.
