Common use of Severability and Waiver Clause in Contracts

Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider to exercise, or partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving party.

Appears in 9 contracts

Samples: Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions

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Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider Bank or NMS to exercise, or partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving party.

Appears in 5 contracts

Samples: Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions

Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider EVO or Bank to exercise, or partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving party.

Appears in 3 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement, Merchant Processing Agreement

Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider Bank to exercise, or partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving party.

Appears in 2 contracts

Samples: Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions

Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed constructed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider Datalink or Member to exercise, or partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving partyDatalink.

Appears in 1 contract

Samples: Merchant Processing Agreement

Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider Credomatic or Bank to exercise, or partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving party.

Appears in 1 contract

Samples: Merchant Service Sales Agreement

Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider ISO to exercise, or partial exercise of, of any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving party.

Appears in 1 contract

Samples: Merchant Processing Agreement

Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider XxxxxxxxxxxxXxxxxxx.xxx or Member to exercise, or partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving partyXxxxxxxxxxxxXxxxxxx.xxx.

Appears in 1 contract

Samples: Member Agreement

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Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions provisions, and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider 2AP or Bank to exercise, or the partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving party2AP.

Appears in 1 contract

Samples: Terms and Conditions (Gab AI Inc)

Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider NPC to exercise, or partial exercise ofpartially exercise, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving partyNPC.

Appears in 1 contract

Samples: Ach Services Merchant Processing Agreement

Severability and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by Service Provider Member or NOVA to exercise, or partial exercise ofpartially exercise, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by the waiving partyNOVA.

Appears in 1 contract

Samples: Merchant Processing Agreement (Nbo Systems Inc)

Severability and Waiver. If any provision of this Agreement is illegalfound to be illegal or unenforceable, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal or unenforceable provision is not contained in the this Agreement. Neither the failure nor delay by Service Provider Bank or Company to exercise, or partial exercise ofpartially exercise, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be in writing and signed by the waiving party.

Appears in 1 contract

Samples: www.shift4.com

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