Common use of SEVERABILITY AND NON-WAIVER Clause in Contracts

SEVERABILITY AND NON-WAIVER. A. If, for any reason, any part, term, or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Utah, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform in such statutory provisions. C. It is agreed by the Parties that the forgiveness of the non-performance of any provision of this Agreement does not constitute a subsequent waiver of the provisions of this Agreement. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 29 contracts

Samples: Service Provider/Professional Services Agreement, Service Provider/Professional Services Agreement, Service Provider/Professional Services Agreement

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SEVERABILITY AND NON-WAIVER. A. If, for any reason, any part, term, or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Utah, said provision provision, which may conflict therewith therewith, shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform in such statutory provisions. C. It is agreed by the Parties that the forgiveness of the non-performance of any provision of this Agreement does not constitute a subsequent waiver of the provisions of this Agreement. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 5 contracts

Samples: Provider/Professional Services Agreement, Provider/Professional Services Agreement, Professional Services

SEVERABILITY AND NON-WAIVER. A. If, for any reason, any part, term, or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Utah, said provision provision, which may conflict therewith therewith, shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform in such statutory provisions. C. It is agreed by the Parties parties that the forgiveness of the non-performance of any provision of this Agreement does not constitute a subsequent waiver of the provisions of this Agreement. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 2 contracts

Samples: Service Provider/Professional Services Agreement, Provider/Professional Services Agreement

SEVERABILITY AND NON-WAIVER. A. If, for any reason, any part, term, or provision of this Agreement is held by a court of the United States to be illegal, void void, or unenforceable, the validity of the remaining provisions shall not be affected, and the . The rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict conflicts with any statutory provision of the State of Utah, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, therewith and shall be deemed modified to conform in such statutory provisions. C. It is agreed by the The Parties agree that the forgiveness of the non-performance of any provision of this Agreement does not constitute a subsequent waiver of the provisions of this Agreement. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 1 contract

Samples: Professional Services

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SEVERABILITY AND NON-WAIVER. A. If, for any reason, any part, term, or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Utah, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform in such statutory provisions. C. It is agreed by the Parties that the forgiveness of the non-non- performance of any provision of this Agreement does not constitute a subsequent waiver of the provisions of this Agreement. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 1 contract

Samples: Concession Agreement

SEVERABILITY AND NON-WAIVER. A. If, for any reason, any part, term, or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. . If it should appear that any provision hereof is in conflict with any statutory provision of the State of Utah, said provision provision, which may conflict therewith therewith, shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform in such statutory provisions. C. . It is agreed by the Parties parties that the forgiveness of the non-performance of any provision of this Agreement does not constitute a subsequent waiver of the provisions of this Agreement. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

Appears in 1 contract

Samples: Service Provider/Professional Services Agreement

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