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.)
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: Sale Agreement, Sale Agreement, 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 (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), Registration Rights 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), Rights Agreement (Rouge Wave Software Inc), Registration Rights Agreement (Documentum 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 34 contracts
Samples: Change of Control (Overseas Shipholding Group Inc), Change of Control (Overseas Shipholding Group Inc), Change of Control (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), Stock Purchase Agreement (Cordia Bancorp Inc), Founder 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), Credit Agreement (Reckson Associates Realty 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 24 contracts
Samples: Securities Purchase Agreement (FCStone Group, Inc.), Asset Purchase Agreement (Converse Inc), Common Stock Purchase and Sale Agreement (Eloyalty 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: Letter of Agreement (Financement Quebec), Stock Subscription Agreement (Westfield America Management LTD), Paying Agency Agreement (City National Corp)
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 21 contracts
Samples: Customer Agreement, www.heroldinc.com, Customer 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 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 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, Amended and Restated Severance Agreement (Acushnet Holdings Corp.), Change in Control 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 In case any provision of in this Agreement or in the Securities 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 14 contracts
Samples: Fiscal Agency Agreement (Phoenix Companies Inc/De), Loan Agreement (Alpharma Inc), Loan Agreement (Alpharma 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 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 13 contracts
Samples: Consulting Agreement (Entest Biomedical, Inc.), Consulting Agreement (Regen BioPharma Inc), 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: District Water User Agreement, District Water User Agreement, 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: Agreement (Hawaiian Tax Free Trust), Agreement (Hawaiian Tax Free Trust), 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: Margin Agreement, Account Agreement, Margin 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 Each provision of this Agreement is a separate and distinct agreement, independent of the others. If any provision shall be declared held to be invalid or unenforceable, in whole or in partunenforceable for any reason, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effectvalidity or enforceability of any of the other provisions.
Appears in 8 contracts
Samples: Indemnification Agreement (Esco Technologies Inc), Indemnification Agreement (Dti Holdings Inc), Indemnification Agreement (Dti Holdings 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 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 (Time Warner Companies Inc), 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: Agreement (Cicero Inc), Agreement (Comcam Inc), Agreement (Comcam International Inc)
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 (Citigroup Inc), Employment Agreement (Associates First Capital Corp)
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 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: Agreement and Plan of Merger (Network Event Theater Inc), Employment Agreement (Network Event Theater Inc), Employment Agreement (Network Event Theater 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 Agreement, Professional Agreement, Collective Bargaining Agreement
Separability. If any Any term or provision of this Agreement which is invalid or unenforceable shall be declared ineffective to be invalid or unenforceable, in whole or in part, the extent of such invalidity or unenforceability shall not affect without rendering invalid or unenforceable the remaining terms and provisions hereof which shall remain in full force and effectof this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger and Reorganization (TRC Companies Inc /De/), Asset Purchase Agreement (Nelson Communications Inc), Stock Purchase Agreement (TRC Companies Inc /De/)
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), Escrow Agreement (Webmd Inc), Agreement and Plan of Merger (Mohawk Industries Inc)
Separability. If any provision of this Agreement shall be declared to be invalid is invalid, illegal or unenforceable, in whole or in partsuch provision shall be ineffective to the extent, but only to the extent of, such invalidity invalidity, illegality or unenforceability shall not affect unenforceability, without invalidating the remainder of such provision or the remaining provisions hereof which shall remain in full force and effectof this Agreement, unless such a construction would be unreasonable.
Appears in 6 contracts
Samples: Shareholder Rights and Registration Rights Agreement (Accufacts Pre Employment Screening Inc), Registration and Shareholder Rights Agreement (Audio Book Club Inc), Stock Purchase Agreement (Worldwide Data Inc)
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 6 contracts
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 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 (FriendFinder Networks Inc.), Shareholders’ Agreement (Care Concepts I Inc /Fl/), Shareholders' Agreement (Viva Gaming & Resorts 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 unenforceable in full force and effectaccordance with their terms.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Premiere Technologies Inc), Agreement and Plan of Merger (National Data Corp), Agreement and Plan of Merger (Premiere Technologies Inc)
Separability. 16. 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 6 contracts
Samples: Jacobs Irwin L, Turkey Vulture Fund Xiii LTD, Segall Paul E
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 5 contracts
Samples: Release Agreement, Release Agreement, irle.berkeley.edu
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: Termination Benefits Agreement (Sabre Holdings Corp), Termination Benefits Agreement (Sabre Holdings Corp), Executive Termination Benefits Agreement (Sabre Holdings 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 effectthereof.
Appears in 5 contracts
Samples: Basic Agreement, Master Agreement, 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.), Revised Media Advertising Agreement (Protea Biosciences Group, 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 validity or enforceability of any other provisions hereof of this Agreement, all of which shall remain in full force and effect.
Appears in 5 contracts
Samples: Senior Executive Termination Benefits Agreement (Telco Systems Inc /De/), Senior Executive Termination Benefits Agreement (Banyan Systems Inc), Agreement (Banyan Systems Inc)
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 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. 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: Registration Rights Agreement (IMMS, Inc.), Registration Rights Agreement (Breed Technologies Inc), Stock Purchase Agreement (Churchill Environmental & Industrial Equity Partners Lp)
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 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 4 contracts
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 in this Agreement shall remain not in full force and effectany way be affected or impaired thereby.
Appears in 4 contracts
Samples: D Equity Investment Agreement (Pharmacia & Upjohn Inc), Registration Rights Agreement (Miravant Medical Technologies), Registration Rights Agreement (Pharmacia & Upjohn 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 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 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: Limited Liability Company Operating Agreement, Limited Liability Company Agreement (Hyde Park Acquisition CORP), www.fischerfurniture.com
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
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 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), Import and Distribution Agreement (Cuidao Holding Corp), Distribution Agreement (Cuidao Holding 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 is such provision had never been contained herein.
Appears in 3 contracts
Samples: Mail Distribution Agreement (Torrent Energy Corp), Publicity Agreement (Aberdene Mines LTD), Publicity Agreement (Invisa 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 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: Agreement, Subcontract on Sponsored Programs, Subcontract on Sponsored Programs
Separability. If any provision or condition of this 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 3 contracts
Samples: Account Agreement, Account Agreement, Account Agreement
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 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 Contract (Eagle Food Centers Inc), Employment Contract (Eagle Food Centers Inc), Employment Contract (Eagle Food Centers 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 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 any provision The provisions of this Agreement are independent of and severable from each other, and no provision shall be declared to be affected or rendered invalid or unenforceableunenforceable if, for any reason, any other provision is 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: Inventory Purchase Agreement (Globus International Resources Corp), Employment Agreement (Globus International Resources Corp), Employment Agreement (Globus International Resources Corp)
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: License Agreement (Electronic Control Security Inc), License Agreement (Electronic Control Security 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 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: Trust Agreement Guarantee (Mci Worldcom Inc), Expense Agreement Guarantee (Mci Worldcom 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
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 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
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 shall remain in full force and effecthereof.
Appears in 2 contracts
Samples: Agreement, www.mackinac.org
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 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 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 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 Any term or provision of this Agreement which is invalid or unenforceable shall be declared ineffective to be invalid or unenforceable, in whole or in part, the extent of such invalidity or unenforceability shall not affect without rendering invalid or unenforceable the remaining terms and provisions hereof which shall remain in full force and effect.of this Agreement. 13.10
Appears in 2 contracts
Samples: License Agreement (Americom Usa Inc), Agreement of Purchase and Sale and Exclusive (Americom Usa Inc)
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: Agreement and Plan of Merger (National Data Corp), Agreement and Plan of Merger (National Data Corp)
Separability. If any provision of the provisions of this Agreement agreement shall be declared or become invalid or unenforceable by reason of any federal or state law, now existing or hereinafter enacted, such invalidation shall not affect any other part of this Agreement. The parties shall meet and negotiate over any language found 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: Collective Bargaining Agreement, Collective Bargaining Agreement
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: Registration Rights Agreement (Jetfax Inc), Stock Purchase Agreement (Jetfax 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 21.1 In the event that any provision of this the provisions of the Agreement shall be declared determined to be invalid or unenforceable, in whole or in partcontrary to law, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effectof this Agreement.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
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.), Sale and Purchase Agreement (Freedom Holding Corp.)
Separability. If any provision of this Agreement shall be declared to be invalid is invalid, ------------ illegal or unenforceable, in whole or in partsuch provision shall be ineffective to the extent, but only to the extent of, such invalidity invali dity, illegality or unenforceability shall not affect unenforceability, without invalidating the remainder of such provision or the remaining provisions hereof which shall remain in full force and effectof this Agreement, unless such a construction would be unreasonable.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Medical Resources Inc /De/), Execution Copy (Medical Resources Inc /De/)
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: Standard Publicity Agreement (Nevada Geothermal Power Inc), Standard Publicity Agreement (Kirkland Lake Gold Inc)
Separability. If any provision of this Agreement shall be declared is determined by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such determination of invalidity or unenforceability shall not affect render the remaining provisions hereof which shall remain in full force and effectbalance of this Agreement invalid or unenforceable.
Appears in 2 contracts
Samples: Extension Deposit Agreement, Extension Deposit 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 16.01 In the event that any provision of this Agreement shall shall, at any time, be declared to be invalid by any court of competent jurisdiction or unenforceable, in whole thorough government regulations or in partdecree, 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 2 contracts
Samples: College And, Shift Adjustment 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 hereof which shall remain in full force and effect. 16.
Appears in 2 contracts
Samples: Agreement (Overseas Shipholding Group Inc), Agreement (Overseas Shipholding Group Inc)
Separability. If any Any term or provision of this Agreement that is invalid or unenforceable shall be declared ineffective to be invalid or unenforceable, in whole or in part, the extent of such invalidity or unenforceability shall not affect without rendering invalid or unenforceable the remaining terms and provisions hereof which shall remain in full force and effectof this Agreement.
Appears in 2 contracts
Samples: Business Transfer Agreement, Business Transfer Agreement (Top Image Systems LTD)
Separability. If any Each provision of this Agreement ------------ shall be declared considered to be separable, and if, for any reason, any such provision or provisions, or any part thereof, is determined to be invalid and contrary to any existing or unenforceable, in whole or in partfuture applicable law, such invalidity or unenforceability shall not affect impair the remaining operation of, or affect, those portions of this Agreement which are valid, and this Agreement shall be construed and enforced in all respects as if such invalid or unenforceable provision or provisions hereof which shall remain in full force and effecthad been omitted.
Appears in 2 contracts
Samples: Met Ed Capital Trust, Penelec Capital Trust
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
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 1 contract
Samples: Shareholders' Agreement (Stanford Venture Capital Holdings Inc)
Separability. If any Any provision of this Agreement which shall be declared prove to be invalid invalid, void or unenforceableillegal in no way affects, in whole impairs or in partinvalidates any other provision hereof, and such invalidity or unenforceability shall not affect the remaining other provisions hereof which shall remain in full force and effect.
Appears in 1 contract
Samples: Agricultural Services Agreement
Separability. If any Each provision of this Agreement is a separate and distinct agreement and independent of the others, so that if any provision hereof shall be declared held to be invalid or unenforceable, in whole or in partunenforceable for any reason, 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 hereof.
Appears in 1 contract
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
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 or therein.
Appears in 1 contract
Separability. If any provision of this Agreement shall be is declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall will not affect the remaining provisions hereof hereof, which shall will remain in full force and effect.
Appears in 1 contract
Separability. If any provision of this Agreement or the application thereof shall be declared to be invalid or unenforceable, in whole or in part, the remainder of this Agreement and any other application of such invalidity or unenforceability provision shall not affect the remaining provisions hereof which shall remain in full force and effectbe affected thereby.
Appears in 1 contract
Samples: Shareholders Agreement (Lipella Pharmaceuticals Inc)
Separability. If any provision of this Note 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
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 1 contract
Separability. If In the event that any provision of this Agreement shall be declared held to be unenforceable, invalid or unenforceable, in whole or in partcontravention of applicable law, such invalidity or unenforceability provision shall not affect be of no effect, the remaining provisions hereof which portions of this Agreement shall remain continue in full force and effect, and the parties shall negotiate in good faith to replace such provision with a provision which effects to the extent possible the original intent of such provision.
Appears in 1 contract
