Severability and Non-Imputation Sample Clauses

Severability and Non-Imputation. The knowledge, conduct, fault or statements of one Insured Person shall not be imputed to any other Insured Person to determine whether coverage is available for such other Insured Person. The Policyholder shall only be imputed with the knowledge, conduct, fault or statements of its following representatives (or their equivalent in any jurisdiction): i. Chief Executive Officer or all members of the management board or equivalent body if no Chief Executive Officer has been appointed, and/or ii. President or Chairman of the Board or other highest supervisory body, and/or iii. Chief Financial Officer, and/or iv. Chief General Counsel, and/or v. Chief Risk or Insurance Manager, and/or vi. Head of any affiliated or in-house insurance broker.
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Severability and Non-Imputation. Where the insured is comprised of more than one person or entity and one or more of those persons or entities: a) failed to comply with the applicable laws and regulations governing duty of disclosure in the territory where this policy was issued; or b) made a misrepresentation to QBE before this policy was entered into; or c) failed to comply with a term of this policy; the right of another person or entity to cover under this policy shall not be prejudiced as a result PROVIDED THAT the other person or entity: (i) was entirely innocent of and had no prior knowledge of the relevant conduct; and (ii) notifies QBE in writing of all the facts known to the person or entity as soon as is reasonably practicable upon becoming aware of the relevant conduct.
Sample 1
Severability and Non-Imputation. For the sake of determining cover under this Contract: (a) the written proposal shall be construed to be a separate application for cover by each Insured and no statement or representation in or with respect to the proposal by an Insured shall be imputed to any other Insured; (b) this Contract shall be construed to be a separate Contract between the Insurer and each Insured and no breach of any term or condition of this Contract or other misconduct by any Insured shall be imputed to any other Insured; (c) no fact or knowledge possessed by one Insured shall be imputed to any other Insured; Provided always that this condition shall not apply where there was a fraudulent misrepresentation or fraudulent non-compliance with the duty of disclosure, to underwriters, at the time of entering into the Contract.
Sample 1

Related to Severability and Non-Imputation

  • Severability and Reformation If any one or more of the terms, provisions, covenants or restrictions of this Agreement shall be determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions shall remain in full force and effect, and the invalid, void or unenforceable provisions shall be deemed severable. Moreover, if any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be reformed by limiting and reducing it to the minimum extent necessary, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

  • Severability and Governing Law If any covenants or such other provisions of this Agreement are found to be invalid or unenforceable by a final determination of a court of competent jurisdiction: (a) the remaining terms and provisions hereof shall be unimpaired, and (b) the invalid or unenforceable term or provision hereof shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision hereof. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PRINCIPLES THEREOF) APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE.

  • Severability and Modification of Covenants Employee acknowledges and agrees that each of the Restrictive Covenants is reasonable and valid in time and scope and in all other respects. The parties agree that it is their intention that the Restrictive Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Restrictive Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Restrictive Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Restrictive Covenant. If any of the provisions of the Restrictive Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of the Company’s legitimate business interests and may be enforced by the Company to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

  • Severability and Modification To the extent permitted by applicable law, the parties agree that any term or provision of this Agreement (or part thereof) that renders such term or provision (or part thereof) or any other term or provision (or part thereof) of this Agreement invalid or unenforceable in any respect shall be severable and shall be modified or severed to the extent necessary to avoid rendering such term or provision (or part thereof) invalid or unenforceable, and such severance or modification shall be accomplished in the manner that most nearly preserves the benefit of the parties’ bargain hereunder.

  • Severability and Waiver (a) If one or more provisions of this Agreement are held invalid, illegal or unenforceable in any respect on the basis of any particular circumstances or in any jurisdiction, the validity, legality and enforceability of such provision or provisions under other circumstances or in other jurisdictions and of the remaining provisions shall not in any way be affected or impaired. (b) Except as otherwise provided herein, no failure or delay on the part of either party in exercising any power or right hereunder operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right. No waiver by a party of any provision of this Agreement, or waiver of any breach or default, is effective unless in writing and signed by the party against whom the waiver is to be enforced.

  • Severability and Survival To the extent any provision of this paragraph 28 is found to be unenforceable, it will be severed so the parties’ intent to arbitrate will survive and arbitration will proceed without such provision . All of the terms and provisions of this paragraph 28 will survive the termination or expiration of this Agreement.

  • Severability and Savings Each provision in this Agreement is separate. If necessary to effectuate the purpose of a particular provision, the Agreement shall survive the termination of Executive’s employment with Company. If any provision of this Agreement, in whole or in part, is held to be invalid or unenforceable, the parties agree that any such provision shall be deemed modified to make such provision enforceable to the maximum extent permitted by applicable law. As to any provision held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect.

  • SEVERABILITY PROVISION In the event that any court of competent jurisdiction shall hold any provision of this Agreement unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision hereof.

  • SEVERABILITY AND VALIDITY The various provisions of this Agreement are severable, and if any one or more provisions are determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable.

  • SEVERABILITY AND FINAL EXPRESSION This Agreement and the Disclosure are the final expression of the terms and conditions of your account. This written Agreement and Disclosure may not be contradicted by evidence of any alleged oral agreement. Should any part of this Agreement or the Disclosure be found to be invalid or unenforceable, all other parts of this Agreement and Disclosure shall remain in effect and fully enforceable to the fullest extent possible under this Agreement.

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