Common use of Separability Clause in Contracts

Separability. If any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 235 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement, Employment Agreement (Welltower Inc.)

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Separability. If In case any provision of this the Agreement shall be declared to be invalid invalid, illegal or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which shall remain not in full force and effectany way be affected or impaired thereby.

Appears in 54 contracts

Samples: Right of First Offer and Co Sale Agreement, Right of First Offer and Co Sale Agreement, Right of First Offer and Co Sale Agreement (Renren Inc.)

Separability. If The invalidity or unenforceability of any provision provisions of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

Appears in 54 contracts

Samples: Change in Control Termination Benefits Agreement (Hess Corp), Change in Control Termination Benefits Agreement (Endeavour International Corp), Change in Control Termination Benefits Agreement (Endeavour International Corp)

Separability. If In case any provision of this Agreement shall be declared to be invalid invalid, illegal or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which shall remain not in full force and effectany way be affected or impaired thereby.

Appears in 45 contracts

Samples: Employment Agreement (Radview Software LTD), Employment Agreement (Radview Software LTD), Exchange Agreement (Protection One Alarm Monitoring Inc)

Separability. If any provision of this the Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 42 contracts

Samples: Employment Agreement (Physicians Realty Trust), Employment Agreement (Physicians Realty Trust), Employment Agreement (Physicians Realty Trust)

Separability. If In case any provision of this the Agreement shall be declared to be invalid invalid, illegal, or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality, and enforceability of the remaining provisions hereof which shall remain not in full force and effectany way be affected or impaired thereby.

Appears in 36 contracts

Samples: Investor Rights Agreement (Digimarc Corp), Convertible Debenture Purchase Agreement (Air South Airlines Inc), Investors' Rights Agreement (Repeater Technologies Inc)

Separability. If any provision provisions of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 36 contracts

Samples: Change of Control Protection Agreement (Overseas Shipholding Group Inc), Change of Control Protection Agreement (Overseas Shipholding Group Inc), Change of Control Protection Agreement (Overseas Shipholding Group Inc)

Separability. If any provision of this Agreement shall be declared is held by a court of competent jurisdiction to be invalid invalid, void or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain nevertheless continue in full force and effecteffect without being impaired or invalidated in any way and shall be construed in accordance with the purposes and tenor and effect of this Agreement.

Appears in 31 contracts

Samples: Stock Transfer Agreement (Cambridge Equities, LP), Founder Stock Purchase Agreement (Cordia Bancorp Inc), Stock Purchase Agreement (Cordia Bancorp Inc)

Separability. If In case any provision one or more of the provisions contained in this Agreement shall be declared to be invalid invalid, illegal or unenforceableunenforceable in any respect under any law, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which contained herein shall remain not in full force and effectany way be affected or impaired thereby.

Appears in 28 contracts

Samples: Master Loan Agreement (Chipmos Technologies Bermuda LTD), Credit Agreement (J Crew Group Inc), 364 Day Revolving Credit Agreement (Health Care Property Investors Inc)

Separability. If any provision or condition of this Agreement agreement shall be declared held to be invalid or unenforceableunenforceable by any court, in whole or in partregulatory or self-regulatory agency or body, such invalidity or unenforceability shall not affect attach only to such provision or condition. The validity of the remaining provisions hereof which and conditions shall remain in full force not be affected thereby and effectthis agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.

Appears in 27 contracts

Samples: Margin Agreement, Customer Agreement, Account Application and Agreement

Separability. If In case any provision of this Agreement shall be declared to be invalid invalid, illegal or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which shall remain not in full force and effectany way be affected or impaired thereby.

Appears in 24 contracts

Samples: Securities Purchase Agreement (FCStone Group, Inc.), Securities Purchase Agreement (RTS Wireless Inc), Note and Warrant Purchase Agreement (Beacon Power Corp)

Separability. If In case any provision of in this Agreement shall be declared to be invalid invalid, illegal or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which shall remain not in full force and effectany way be affected or impaired thereby.

Appears in 23 contracts

Samples: Stock Subscription Agreement (Westfield America Management LTD), Fiscal and Paying Agency Agreement (Associated Banc-Corp), Fiscal Agency Agreement (Financement Quebec)

Separability. If any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof hereof, which shall remain in full force and effect.

Appears in 20 contracts

Samples: Registration Rights Agreement (Media General Inc), Employment Agreement (T3 Motion, Inc.), Employment Agreement (T3 Motion, Inc.)

Separability. If any provision of this Agreement shall be declared to held invalid, it shall be invalid or unenforceabledeemed separable from the remainder of this Agreement, in whole or in part, such invalidity or unenforceability and it shall not affect the remaining validity of any other provisions hereof which shall remain in full force and effectthereof.

Appears in 18 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Separability. If The invalidity or unenforceability of any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effectvalidity or enforceability of any other provision of this Agreement.

Appears in 18 contracts

Samples: Severance Agreement, Change in Control Agreement (Acushnet Holdings Corp.), Severance Agreement (Acushnet Holdings Corp.)

Separability. If In case any provision of in this Agreement shall be declared held to be invalid invalid, illegal or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which shall remain not in full force and effectany way be affected or impaired thereby.

Appears in 16 contracts

Samples: Fiscal and Paying Agency Agreement (Discover Financial Services), Fiscal and Paying Agency Agreement (Discover Financial Services), Fiscal and Paying Agency Agreement (Discover Financial Services)

Separability. If any provision of this Agreement shall be declared to held invalid, it shall be invalid or unenforceabledeemed separable from the remainder of this Agreement, in whole or in part, such invalidity or unenforceability and it shall not affect the remaining provisions hereof which shall remain in full force and effectvalidity of any other provision thereof.

Appears in 16 contracts

Samples: Basic Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Separability. If any provision one or more of the provisions of this Agreement shall be declared held invalid, illegal, or unenforceable in any respect, such provision, to be invalid the extent invalid, illegal, or unenforceable, in whole or in partand provided that such provision is not essential to the transaction provided for by this Agreement, such invalidity or unenforceability shall not affect any other provision hereof, and the remaining provisions hereof which Agreement shall remain in full force and effectbe construed as if such provision had never been contained herein.

Appears in 14 contracts

Samples: Investor Relations Consulting Agreement (Entest Biomedical, Inc.), Investor Relations Consulting Agreement (Regen BioPharma Inc), Investor Relations Consulting Agreement (Entest Biomedical, Inc.)

Separability. If any provision of this Agreement shall be declared is determined to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability that shall not affect the validity or enforceability of the remaining provisions hereof which shall remain in full force and effectportions of this Agreement.

Appears in 13 contracts

Samples: Out of District Water User Agreement, Lawn Care Services Agreement, Janitorial Services Agreement

Separability. If any provision of this Agreement shall contravene or be declared invalid under the laws of any state, country or jurisdiction in which this Agreement shall be performed or enforced, then such contravention or invalidity shall not invalidate the entire Agreement. Such provision shall be deemed to be invalid modified to the extent necessary to render it valid and enforceable, or unenforceableif no such modification will render it valid and enforceable, in whole or in partthen the Agreement shall be constructed as if not containing the provision held to be invalid, such invalidity or unenforceability and the rights and obligations of the parties shall not affect the remaining provisions hereof which shall remain in full force be construed and effectenforced accordingly.

Appears in 12 contracts

Samples: Administration Agreement (Hawaiian Tax Free Trust), Distribution Agreement (Hawaiian Tax Free Trust), Advisory Agreement (Cash Assets Trust)

Separability. If any provision or condition of this Agreement agreement shall be declared held to be invalid or unenforceableunenforceable by any court, in whole or in partregulatory or self- regulatory agency or body, such invalidity or unenforceability shall not affect attach only to such provision or condition. The validity of the remaining provisions hereof which and conditions shall remain in full force not be affected thereby and effectthis agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.

Appears in 11 contracts

Samples: Brokerage Account Agreement, Margin Agreement, Account Agreement

Separability. If The inability or unenforceability of any particular provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining other provisions hereof which hereof, and this Agreement shall remain be construed in full force and effectall respects as if such invalid or unenforceable provision were omitted.

Appears in 10 contracts

Samples: Employment Agreement (Success Bancshares Inc), Employment Agreement (Success Bancshares Inc), Employment Agreement (Success Bancshares Inc)

Separability. If any The invalidity or lack of enforceability of a provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof validity of any other provision hereof, which shall remain in full force and effect.

Appears in 8 contracts

Samples: Employment Agreement (Krispy Kreme Doughnuts Inc), Employment Agreement (Krispy Kreme Doughnuts Inc), Employment Agreement (Krispy Kreme Doughnuts Inc)

Separability. If In the event that any provision of this Agreement would be held to be invalid or unenforceable for any reason unless narrowed by construction, this Agreement shall be construed as if such invalid or unenforceable provision had been more narrowly drawn so as not to be invalid or unenforceable. If, notwithstanding the foregoing, any provision of this Agreement shall be declared held to be invalid or unenforceable, in whole or in partunenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and shall not affect the remaining provisions hereof which shall remain in full force and effector render invalid or unenforceable any other provision of this Agreement.

Appears in 8 contracts

Samples: Head Management Agreement, Master Management Agreement (EuroDry Ltd.), Master Management Agreement (EuroDry Ltd.)

Separability. If The invalidity or unenforceability of any provision provisions of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining validity or enforceability of any other provisions hereof of this Agreement, all of which shall remain in full force and effect.

Appears in 8 contracts

Samples: Senior Executive Termination Benefits Agreement (Telco Systems Inc /De/), Senior Executive Termination Benefits Agreement (Telco Systems Inc /De/), Senior Executive Termination Benefits Agreement (Telco Systems Inc /De/)

Separability. If any provision of this Agreement shall be agreement is declared to be invalid or unenforceablerestrained by any operation of law or any tribunal of competent jurisdiction, in whole or in part, such invalidity or unenforceability the remainder of this agreement shall not affect the remaining provisions hereof which shall remain in full force and effectbe affected thereby.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Separability. If The invalidity or unenforceability of any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability agreement shall not affect the remaining provisions hereof validity or enforceability of any other provision of this agreement, which shall remain in full force and effect.

Appears in 7 contracts

Samples: Merger Agreement (Network Event Theater Inc), Employment Agreement (Network Event Theater Inc), Employment Agreement (Youth Stream Media Networks Inc)

Separability. If any provision of this Agreement shall be declared to be invalid invalid, illegal or unenforceable, in whole or in part, such invalidity invalidity, illegality or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 7 contracts

Samples: Registration Rights Agreement, Registration Rights Agreement (Lyon William H), Registration Rights Agreement (Lyon William H)

Separability. If any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such provision shall be modified, to the extent practical, consistent with the intent of the parties, in order to render it enforceable, but such invalidity or unenforceability shall not affect the remaining provisions hereof hereof, which shall remain in full force and effect.

Appears in 7 contracts

Samples: Employment Agreement (Associates First Capital Corp), Employment Agreement (Associates First Capital Corp), Employment Agreement (Citigroup Inc)

Separability. If In case any provision one or more of the provisions contained in this Agreement shall for any reason be declared held to be invalid invalid, illegal or unenforceable, unenforceable in whole or in partany respect, such invalidity invalidity, illegality or unenforceability shall not affect the remaining any other provisions hereof which of this Agreement, but this Agreement shall remain in full force and effectbe construed as if such invalid or illegal or unenforceable provision had never been contained herein.

Appears in 7 contracts

Samples: Declaration Guarantee (At&t Broadband LLC), Supplemental Preferred Securities Guarantee Agreement (Allstate Corp), Declaration Guarantee (Time Warner Companies Inc)

Separability. If The invalidity of unenforceability of any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability agreement shall not affect the remaining provisions hereof validity or enforceability of any other provision of this agreement, which shall remain in full force and effect.

Appears in 7 contracts

Samples: Executive Employment Agreement (Comcam International Inc), Guaranty Agreement (Level 8 Systems Inc), Executive Employment Agreement (Comcam Inc)

Separability. If In the event that any provision of this Agreement would be held invalid or unenforceable for any reason unless narrowed by construction, this Agreement shall be construed as if such invalid or unenforceable provision had been more narrowly drawn so as not to be invalid or unenforceable. If, notwithstanding the foregoing, any provision of this Agreement shall be declared held to be invalid or unenforceable, in whole or in partunenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and shall not affect the remaining provisions hereof which shall remain in full force and effector render invalid or unenforceable any other provision of this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Wells Aluminum Corp), Employment Agreement (Wells Aluminum Corp), Employment Agreement (Wells Aluminum Corp)

Separability. If The invalidity or unenforceability of any provision of this Agreement shall be declared to be invalid not impair the validity or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effectenforceability of any other provision.

Appears in 6 contracts

Samples: Indemnification Agreement (Gtsi Corp), Management Agreement (Proinvest Realty Fund LLC), Management Agreement (Proinvest Realty Fund LLC)

Separability. If any provision or section of this Agreement shall be declared is ------------ determined to be invalid void or otherwise unenforceable, in whole or in part, such invalidity or unenforceability it shall not affect the remaining validity or enforceability of any other provisions hereof of this Agreement which shall remain unenforceable in full force and effectaccordance with their terms.

Appears in 6 contracts

Samples: Merger Agreement (National Data Corp), Transfer Agreement (Premiere Technologies Inc), Stock Purchase Agreement (Premiere Technologies Inc)

Separability. If any provision or section of this Agreement shall be declared is ------------ determined to be invalid void or otherwise unenforceable, in whole or in part, such invalidity or unenforceability it shall not affect the remaining validity or enforceability of any other provisions hereof of this Agreement which shall remain enforceable in full force and effectaccordance with their terms.

Appears in 6 contracts

Samples: Escrow Agreement (Webmd Inc), Merger Agreement (Mohawk Industries Inc), Escrow Agreement (Essential Therapeutics Inc)

Separability. If In the event that any provision of this Agreement shall at any time be declared to be invalid by any court or unenforceable, in whole or in partgovernment agency of competent jurisdiction, such invalidity or unenforceability decision shall not affect invalidate the remaining entire Agreement, it being the express intention of the parties hereto that all other provisions hereof which not declared invalid shall remain in full force and effect.

Appears in 6 contracts

Samples: Professional Services, Professional Services, Collective Bargaining Agreement

Separability. If The invalidity or unenforceability of any provision one or more provisions of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining other provisions hereof which hereof, and this Agreement shall remain be construed in full force and effectall respects as if any such invalid or unenforceable provisions were omitted.

Appears in 6 contracts

Samples: Shareholders Agreement (Care Concepts I Inc /Fl/), Shareholders Agreement (FriendFinder Networks Inc.), Shareholders' Agreement (GMP Companies Inc)

Separability. If In case any provision one or more of the provisions of this Agreement agreement (or part thereof) shall be declared held to be invalid invalid, illegal or unenforceable, unenforceable in whole or in partany respect, such invalidity invalidity, illegality or unenforceability shall not affect the remaining other provisions hereof which hereof, and this agreement shall remain in full force and effectbe construed as if such invalid, illegal or unenforceable provisions (or part thereof) never had been contained herein.

Appears in 5 contracts

Samples: Employment Agreement (Exa Corp), Employment Agreement (Exa Corp), Employment Agreement (Exa Corp)

Separability. β€Œ If any provision of this Agreement shall be declared to held invalid, it shall be invalid or unenforceabledeemed separable from the remainder of this Agreement, in whole or in part, such invalidity or unenforceability and it shall not affect the remaining validity of any other provisions hereof which shall remain in full force and effectthereof.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Basic Agreement

Separability. If any provision one or more of the provisions of this Agreement shall be declared held invalid, illegal or unenforceable in any respect, such provision, to be invalid the extent invalid, illegal or unenforceable, in whole or in partand provided that such provision is not essential to the transaction provided for by this Agreement, such invalidity or unenforceability shall not affect other provisions hereof, and the remaining provisions hereof which Agreement shall remain in full force and effectbe construed as if such provision had been contained herein.

Appears in 5 contracts

Samples: Media Advertising Agreement (DPW Holdings, Inc.), Media Advertising Agreement (IsoRay, Inc.), Media Advertising Agreement (Protea Biosciences Group, Inc.)

Separability. If The invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of any other provision of this Agreement shall be declared to be invalid or unenforceableAgreement, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall will remain in full force and effect.

Appears in 5 contracts

Samples: Executive Termination Benefits Agreement (Sabre Holdings Corp), Executive Termination Benefits Agreement (Sabre Holdings Corp), Executive Termination Benefits Agreement (Sabre Holdings Corp)

Separability. If any provision of this Agreement shall be declared to be agreement is invalid or unenforceable, the balance of this agreement shall remain in whole or in part, effect unless such invalidity or unenforceability shall not affect materially impair the remaining provisions hereof which shall remain in full force and effectpurpose or objectives of this agreement.

Appears in 5 contracts

Samples: Merger Agreement (Network Event Theater Inc), Asset Purchase Agreement (Network Event Theater Inc), Merger Agreement (Network Event Theater Inc)

Separability. If In the event that any provision of the provisions of this Agreement shall be declared to be become invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which hereof. It is further provided that in the event any provisions are so invalidated, this contract shall remain in full force and effectbe reopened for the express purpose of renegotiating such invalidated or unenforceable provisions only.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Separability. If any provision provisions of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions provision hereof which shall remain in full force and effect.

Appears in 4 contracts

Samples: Senior Executive Employment Agreement (Hosokawa Micron International Inc), Senior Executive Employment Agreement (Hosokawa Micron International Inc), Senior Executive Employment Agreement (Hosokawa Micron International Inc)

Separability. If any provision one or more of the provisions of this Agreement shall be declared to be invalid held invalid, illegal, or unenforceable, in whole or in partand provided that such provision is not essential to the transaction provided for by this Agreement, such invalidity or unenforceability shall not affect the remaining provisions hereof which any other provision hereof, and this Agreement shall remain in full force and effectbe construed as is such provision had never been contained herein.

Appears in 4 contracts

Samples: Publicity Agreement (Aberdene Mines LTD), Mail Distribution Agreement (Torrent Energy Corp), Publicity Agreement (Invisa Inc)

Separability. If any provision provisions of this Agreement shall be declared to be ------------ invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 4 contracts

Samples: Employment Agreement (Logisticare Inc), Employment Agreement (Logisticare Inc), Employment Agreement (Logisticare Inc)

Separability. If any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability unenforcibility shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 4 contracts

Samples: Unsecured Convertible Promissory Note (IMMS, Inc.), Stock Purchase Agreement (Churchill Environmental & Industrial Equity Partners Lp), Registration Rights Agreement (Dvi Inc)

Separability. If The invalidity or unenforceability of any provision of this Agreement shall not affect any other provision hereof, and the Agreement shall be declared to be construed in all respects as though such invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining unenforceable provisions hereof which shall remain in full force and effectwere omitted.

Appears in 4 contracts

Samples: Master Services Agreement, Consulting Agreement (Champions Biotechnology, Inc.), Employment Agreement (Champions Biotechnology, Inc.)

Separability. If any The invalidity or lack of enforceability of a provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof validity of any other provision hereof, which shall remain in full force and effect.

Appears in 4 contracts

Samples: Employment Agreement (Cosi Inc), Employment Agreement (Cosi Inc), Employment Agreement (Cosi Inc)

Separability. If any provision of this the Agreement shall be declared is held to be invalid invalid, illegal or unenforceable, in whole or in partunconstitutional, such invalidity or unenforceability invalidity, illegality of unconstitutionality shall not affect the remaining provisions hereof which shall remain in full force and effectof this Agreement.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Separability. If The invalidity or unenforceability of any provision of in this Agreement shall not affect the other provisions hereof and this Agreement shall be declared to be construed in all respects as if such invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effectunenforceable provision were omitted.

Appears in 4 contracts

Samples: Protection Plan Agreement, Operating Agreement, Limited Liability Company Agreement (Hyde Park Acquisition CORP)

Separability. If any provision of this Agreement shall be declared is found by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, the invalidity of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 3 contracts

Samples: Import and Distribution Agreement (Cuidao Holding Corp), Distribution Agreement (Cuidao Holding Corp), Import and Distribution Agreement (Cuidao Holding Corp)

Separability. 15.1 If any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof hereof, which shall remain in full force and effect.

Appears in 3 contracts

Samples: Employment Agreement (Infinite Group Inc), Employment Agreement (Infinite Group Inc), Employment Agreement (Infinite Group Inc)

Separability. If Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be declared to be unenforceable or invalid or unenforceable, in whole or in partunder applicable law, such invalidity provision shall be ineffective only to the extent of such unenforceability or unenforceability shall not affect invalidity, and the remaining provisions hereof which of this Agreement shall remain continue to be binding and in full force and effect.

Appears in 3 contracts

Samples: Consulting Agreement (Dakota Growers Pasta Co Inc), Share Disposition and Purchase Agreement (Ameritech Corp /De/), Share Disposition and Purchase Agreement (SBC Communications Inc)

Separability. If any provision one or more of the provisions of this Agreement shall be declared held invalid, illegal or unenforceable in any respect, such provision, to be invalid the extent invalid, illegal or unenforceable, in whole or in partshall be modified to the extent necessary to be legal, such invalidity or unenforceability valid, and enforceable, and shall not affect the remaining provisions hereof which shall remain in full force and effectany other provision hereof.

Appears in 3 contracts

Samples: Consulting Agreement (Ludwig Enterprises, Inc.), Consulting Agreement (ClickStream Corp), Consulting Agreement (Nuvim Inc)

Separability. If It is understood that in the event any provision provisions of this Agreement AGREEMENT shall be declared to be invalid or unenforceabledeemed invalid, in whole or in part, such then the invalidity or unenforceability of said provisions shall not affect the remaining validity of any other provisions hereof which shall remain in full force and effecthereof.

Appears in 3 contracts

Samples: Pre Annexation Agreement, Pre Annexation Agreement, Pre Annexation Agreement

Separability. If In case any provision one or more of the provisions of this Agreement shall be declared to be invalid invalid, illegal or unenforceableunenforceable in any respect, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which contained herein shall remain not in full force and effectany way be affected thereby.

Appears in 3 contracts

Samples: Employment Agreement (Eagle Food Centers Inc), Employment Agreement (Eagle Food Centers Inc), Employment Agreement (Eagle Food Centers Inc)

Separability. If any provision of this Agreement shall for any reason be declared to be held invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions any other provision hereof which and this Agreement shall remain in full force and effectbe construed as if such invalid or unenforceable provision had never been contained herein.

Appears in 3 contracts

Samples: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement

Separability. If any provision of this Agreement shall be ------------ declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 3 contracts

Samples: Registration Rights Agreement (Global Crossing LTD), Employment Agreement (P&l Coal Holdings Corp), Employment Agreement (P&l Coal Holdings Corp)

Separability. If In the event that any provision of this Agreement shall be declared to be is held invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effectvalidity or enforceability of the remainder of this Agreement.

Appears in 2 contracts

Samples: Subscription Agreement (Draxis Health Inc /Cn/), Subscription Agreement (Draxis Health Inc /Cn/)

Separability. If In the event that any provision provisions of this Agreement ------------ shall be held to be invalid or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effectunaffected thereby.

Appears in 2 contracts

Samples: Merger Agreement (National Data Corp), Merger Agreement (National Data Corp)

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Separability. If any provision of this Agreement is held to be invalid, illegal, non-binding and unenforceable, or any combination of the foregoing, this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall construed as if the offending provision has not affect the remaining provisions hereof which shall remain in full force and effectbeen herein contained.

Appears in 2 contracts

Samples: Purchase and Sale of Capital Stock Agreement (Salient Cybertech Inc), Letter of Intent for the Purchase and Sale of Capital Stock (Sloan Electronics Inc /De/)

Separability. If In case any provision of this the Agreement shall be declared to be invalid invalid, illegal, or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which shall remain not in full force and effectany way be affected or impaired thereby.

Appears in 2 contracts

Samples: Shareholder's Rights Agreement (Aps Healthcare Inc), Stock Restriction and Registration Rights Agreement (Amerigroup Corp)

Separability. If any provision provisions of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Comtech Telecommunications Corp /De/), Employment Agreement (Comtech Telecommunications Corp /De/)

Separability. If any provision of this Agreement shall be declared is held to be any extent invalid or unenforceable, in whole such provision will be deemed amended to conform to applicable laws and to accomplish the intentions of the parties. The existence of any invalid or in part, such invalidity or unenforceability shall unenforceable provision will not affect void the remaining provisions hereof which shall remain in full force and effectentire Agreement.

Appears in 2 contracts

Samples: International Distribution Agreement (Helix Biomedix Inc), International Distribution Agreement (Helix Biomedix Inc)

Separability. If any provision of this Agreement shall be declared to be invalid unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in whole no way affect the validity or in partenforceability of, such invalidity or unenforceability shall not affect the remaining provisions hereof of this Agreement, which shall remain in full force valid and effectenforceable according to its terms.

Appears in 2 contracts

Samples: Dedicated Server Agreement, Broadcast Agreement

Separability. If any provision of the terms, provisions or conditions contained in this Agreement shall be declared to be invalid or unenforceablevoid in any judicial proceeding, in whole or in partthis Agreement shall be honored and enforced to the extent of its validity, such invalidity or unenforceability shall and those provisions not affect the remaining provisions hereof which declared invalid shall remain in full force and effect.

Appears in 2 contracts

Samples: Consulting Agreement (Pet Quarters Inc), Consulting Agreement (Western Power & Equipment Corp)

Separability. If any provision one or more of the provisions of this Agreement agreement shall be declared to be invalid held invalid, illegal, or unenforceable, unenforceable in whole or in partany respect, such invalidity provision, to the extent invalid, illegal, or unenforceability unenforceable and provided that such provision is not essential to the transaction provided for by this agreement, shall not affect any other provision hereof, and the remaining provisions hereof which agreement, shall remain in full force and effectbe construed as if such provision had never been contained herein.

Appears in 2 contracts

Samples: Client Service Agreement (Coronado Industries Inc), Client Service Agreement (Coronado Industries Inc)

Separability. If any Any provision of this Agreement which shall be declared prove to be invalid invalid, void, or unenforceableillegal shall in no way affect, in whole impair, or in part, invalidate any other provision hereof and such invalidity or unenforceability shall not affect the remaining provisions hereof which other provision shall remain in full force and effect.

Appears in 2 contracts

Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)

Separability. If any term or provision of this Agreement shall be declared to be invalid is invalid, illegal, or unenforceable, in whole or in partsuch invalidity, such invalidity illegality, or unenforceability shall not affect any other term or provision of this Agreement in such jurisdiction and such circumstances are not the remaining provisions hereof which shall remain in full force and effectgrounds to admit entire Agreement as invalid or unenforceable.

Appears in 2 contracts

Samples: Preferred Shares Sale and Purchase Agreement (Freedom Holding Corp.), Preferred Shares Sale and Purchase Agreement (Freedom Holding Corp.)

Separability. If The invalidity or unenforceability of any ------------ provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Danbury Pharmacal Puerto Rico Inc), Stock Purchase Agreement (Schein Pharmaceutical Inc)

Separability. If any provision one or more of the provisions contained in this Letter Agreement shall shall, for any reason, be declared held to be invalid invalid, illegal or unenforceable, unenforceable in whole or in partany respect, such invalidity invalidity, illegality or unenforceability shall not affect any other provisions of this Letter Agreement and such provision shall be interpreted to the remaining provisions hereof which fullest extent permitted by the law; provided that the Company and each Existing Investor shall remain in full force use their reasonable best efforts to find and effectemploy an alternative means to achieve the same or substantially the same result as that contemplated by such provision.

Appears in 2 contracts

Samples: Investment and Note Purchase Agreement (Morgan Stanley), Investment and Note Purchase Agreement (Viatel Holding Bermuda LTD)

Separability. β€Œ If any provision of this Basic Agreement shall be declared to held invalid, it shall be invalid or unenforceabledeemed separable from the remainder of this Basic Agreement, in whole or in part, such invalidity or unenforceability and it shall not affect the remaining validity of any other provisions hereof which shall remain in full force and effectthereof.

Appears in 2 contracts

Samples: Basic Agreement, Basic Agreement

Separability. If In case any provision one or more of the provisions contained in this Agreement shall for any reason be declared held to be invalid invalid, illegal or unenforceable, unenforceable in whole or in partany respect, such invalidity invalidity, illegality or unenforceability shall not affect the remaining provisions hereof which any other provision of this Agreement, but this Agreement shall remain in full force and effectbe construed as if such invalid or illegal or unenforceable provision had never been contained herein.

Appears in 2 contracts

Samples: Expense Agreement Guarantee (Mci Worldcom Inc), Trust Agreement Guarantee (Mci Worldcom Inc)

Separability. If In case any provision of this Agreement the agreement shall be declared to be invalid invalid, illegal or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which shall remain in full force and effectnot be affected thereby.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ac Humko Corp), Stock Purchase Agreement (Bionutrics Inc)

Separability. If any provision of this Agreement shall be declared agreement is found by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, the invalidity of such provision shall not affect the other provisions of this agreement and all provisions not affected by such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 2 contracts

Samples: Import and Distribution Agreement (Cuidao Holding Corp), Distribution Agreement (Cuidao Holding Corp)

Separability. If any provision of this Basic Agreement shall be declared to held invalid, it shall be invalid or unenforceabledeemed separable from the remainder of this Basic Agreement, in whole or in part, such invalidity or unenforceability and it shall not affect the remaining validity of any other provisions hereof which shall remain in full force and effectthereof.

Appears in 2 contracts

Samples: Basic Agreement, Basic Agreement for Concert Singers

Separability. If any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such provision shall be modified, to the extent practical, consistent with intent of the parties, in order to render it enforceable but such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 2 contracts

Samples: Employment Agreement (Associates First Capital Corp), Employment Agreement (Associates First Capital Corp)

Separability. If any provision of this Agreement shall be declared to held invalid, it shall be invalid or unenforceabledeemed separable from the remainder of this Agreement, in whole or in part, such invalidity or unenforceability and it shall not affect the remaining validity of any other provisions hereof which shall remain in full force and effecthereof.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Separability. If any provision one or more of the provisions of this Agreement shall be declared held invalid, illegal or unenforceable in any respect, such provision, to be invalid the extent invalid, illegal or unenforceable, in whole or in partand provided that such provision is not essential to the transaction provided for by this Agreement, such invalidity or unenforceability shall not affect the remaining provisions hereof which any other provision hereof, and this Agreement shall remain in full force and effectbe construed as if such provision had never been contained herein.

Appears in 2 contracts

Samples: Client Service Agreement (Clear Skies Solar, Inc), Client Service Agreement (Clear Skies Solar, Inc)

Separability. If any Any provision of this Agreement which shall be, or is determined to be, invalid, shall be declared to be invalid or unenforceableeffective, in whole or in part, but such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effecthereof.

Appears in 2 contracts

Samples: Patent License Agreement (Electronic Control Security Inc), License Agreement (Electronic Control Security Inc)

Separability. If any provision of this Agreement shall be declared is found by any ------------ panel of arbitrators referred to in Section 8.2 below or by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, the invalidity of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 2 contracts

Samples: Supply, Manufacturing, and Distribution Collaboration Agreement (V I Technologies Inc), Supply, Manufacturing, and Distribution Collaboration Agreement (V I Technologies Inc)

Separability. If In the event any provision of this Agreement shall be declared ------------ held to be invalid invalid, illegal or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which shall remain not in full force and effectany way be affected or impaired thereby.

Appears in 2 contracts

Samples: Series F Preferred Stock Purchase Agreement (Jetfax Inc), Registration Rights Agreement (Jetfax Inc)

Separability. If In case any provision of this Agreement shall be declared to be invalid invalid, illegal, or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality, and enforceability of the remaining provisions hereof which shall remain not in full force and effectany manner be affected or impaired thereby.

Appears in 2 contracts

Samples: Credit Facility Agreement (Omnis Technology Corp), Credit Facility Agreement (Omnis Technology Corp)

Separability. If any provision one or more of the provisions of this Agreement shall be declared to be invalid held invalid, illegal, or unenforceable, in whole or in partand provided that such provision is not essential to the transaction provided for by this Agreement, such invalidity or unenforceability shall not affect the remaining provisions hereof which any other provision hereof, and this Agreement shall remain in full force and effectbe construed as if such provision had never been contained herein.

Appears in 2 contracts

Samples: Publicity Agreement (Nevada Geothermal Power Inc), Publicity Agreement (Kirkland Lake Gold Inc)

Separability. If any provision one or more of the provisions of this Agreement shall be declared to be invalid held invalid, illegal, or unenforceable, in whole or in partand provided that such provision is not essential to the transaction provided for by this Agreement, such invalidity or unenforceability shall not affect any other provision hereof, and the remaining provisions hereof which Agreement shall remain in full force and effectbe construed as if such provision had never been contained herein.

Appears in 2 contracts

Samples: Client Service Agreement (Ashton Technology Group Inc), Client Service Agreement (Electronics Communications Corp)

Separability. If In case any provision of this the Agreement shall be declared to be invalid invalid, illegal or unenforceable, in whole or in partthe validity, such invalidity or unenforceability shall not affect legality and enforceability of the remaining provisions hereof which shall remain not in full force any way be affected or impaired thereby and effectsuch provision shall be enforced to the greatest extent permitted by law.

Appears in 2 contracts

Samples: Series D Preferred Stock Purchase Agreement (Vstream Inc /Co), Series E Preferred Stock Purchase Agreement (Evoke Inc)

Separability. If any provision one of more of the provisions of this Agreement shall be declared held invalid, illegal, or unenforceable in any respect, such provision, to be invalid the extent invalid, illegal, or unenforceable, in whole or in partand provided that such provision is not essential to the transaction provided for by this Agreement, such invalidity or unenforceability shall not affect any other provision hereof, and the remaining provisions hereof which Agreement shall remain in full force and effectbe construed as if such provision had never been contained herein.

Appears in 1 contract

Samples: Client Service Agreement (Antares Resources Corp)

Separability. If any provision of this the Agreement shall be declared to held invalid, it shall be invalid or unenforceabledeemed separable from the remainder of this Agreement, in whole or in part, such invalidity or unenforceability and it shall not affect the remaining validity of any other provisions hereof which shall remain in full force and effectthereof.

Appears in 1 contract

Samples: Basic Agreement

Separability. If The invalidity of unenforceability of ------------ any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability agreement shall not affect the remaining provisions hereof validity or enforceability of any other provision of this agreement, which shall remain in full force and effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Level 8 Systems Inc)

Separability. If The invalidity or unenforceability of any provision one or more of this Agreement's terms or provisions shall not impair or affect the validity or enforceability of the remaining terms or provisions, and this Agreement shall be declared construed and enforced as if the invalid or unenforceable term or provision had not been contained in this Agreement. If any term or provision contained in this Agreement shall be found to be invalid excessively broad as to duration, scope, or unenforceablesubject, in whole the term or in part, such invalidity or unenforceability provision shall not affect the remaining provisions hereof which shall remain in full force be limited and effectreduced so as to be enforceable under applicable law.

Appears in 1 contract

Samples: Independent Contractor Agreement (Genesee Corp)

Separability. If any Any provision of this Agreement which shall be declared prove to be invalid invalid, void or unenforceableillegal shall In no way affect, in whole impair or in partinvalidate any other provision hereof, and such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 1 contract

Samples: Ground Lease (SFX Entertainment Inc)

Separability. If any provision of this Agreement shall be declared to be ------------ invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

Appears in 1 contract

Samples: Employment Agreement (Peabody Energy Corp)

Separability. If any provision of this Agreement agreement shall be declared to held invalid, it shall be invalid or unenforceabledeemed separable from the remainder of this agreement, in whole or in part, such invalidity or unenforceability and it shall not affect the remaining validity of any other provisions hereof which shall remain in full force and effectthereof.

Appears in 1 contract

Samples: Basic Agreement for Concert Engagements

Separability. If any provision of this Basic Agreement shall be declared to held invalid, it shall be invalid or unenforceable, in whole or in part, such invalidity or unenforceability deemed separable from the remainder of this Basic Agreement and shall not affect the remaining validity of any other provisions hereof which shall remain in full force and effecttherein.

Appears in 1 contract

Samples: Ballet Agreement

Separability. If any provision of this Agreement shall be declared is held to be invalid invalid, illegal or unenforceable, in whole or in partunconstitutional, such invalidity invalidity, illegality or unenforceability unconstitutionality shall not affect the remaining provisions hereof which shall remain in full force and effectof this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Separability. If The invalidity or unenforceability of any term or provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms or provisions hereof hereof, which shall remain in full force and effect.

Appears in 1 contract

Samples: Performance Agreement (Astropower Inc)

Separability. If any provision of this Agreement shall be declared is held to be invalid invalid, illegal, or unenforceable, in whole or in partunconstitutional, such invalidity invalidity, illegality, or unenforceability unconstitutionality shall not affect the remaining provisions hereof which shall remain in full force and effectof this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Separability. If any provision one or more of the provisions of this Agreement shall be declared .be held invalid, illegal or unenforceable in any respect, such provision, to be invalid the extent invalid, illegal or unenforceable, in whole or in partand provided that such provision is not essential to the transaction provided for by this Agreement, such invalidity or unenforceability shall not affect the remaining provisions hereof which any other provision hereof, and this Agreement shall remain in full force and effectbe construed as if such provision had never been contained herein.

Appears in 1 contract

Samples: Client Service Agreement (S&W Seed Co)

Separability. If any provision one or more of the provisions of this Agreement shall be declared to be invalid held invalid, illegal, or unenforceable, in whole or in partand provided that such provision is not essential to the transaction provided for by this Agreement, such invalidity or unenforceability shall not affect the remaining provisions hereof which any other provision hereof, and this Agreement shall remain in full force and effect.be construed as is such provision had never been contained herein. E.

Appears in 1 contract

Samples: Media Services Agreement (Magnus International Resources, Inc.)