Severability and Waiver. In the event any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) by any party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
Appears in 8 contracts
Samples: Distribution Agreement (Altigen Communications Inc), Distribution Agreement (Altigen Communications Inc), Fiserv Reseller Agreement (Altigen Communications Inc)
Severability and Waiver. In the event If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision shall be enforced to the valid or enforceable portion thereof extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be severed and deleted from this Agreement, while the remaining provisions remainder of this Agreement will remain shall continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
Appears in 7 contracts
Samples: Software Extension License Agreement, Software Extension License Agreement, SDK License Agreement
Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceableunenforceable for any reason, the valid or enforceable portion thereof and the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will remain in full force and effect. Any waiver (express not operate or implied) by any party of any default or breach of this Agreement shall not constitute be interpreted as a waiver of any other or subsequent default or breach.
Appears in 6 contracts
Samples: Saas Agreement, Saas Agreement, Saas Agreement
Severability and Waiver. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) by any either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Dynamic Materials Corp), Asset Purchase Agreement (Dynamic Materials Corp), Asset Purchase Agreement (Dynamic Materials Corp)
Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining all other provisions of this Agreement will remain in full force enforceable, and effectthe invalid or unenforceable provision will be considered modified such that it is valid and enforceable to the maximum extent permitted by law. Any waiver (express or implied) by any party of any default or breach the provisions of this Agreement shall must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Agreement will not constitute be considered a waiver of any other separate or subsequent default or breachlater breach of this Agreement.
Appears in 4 contracts
Samples: Dancer Hosting Agreement, Dancer Exchange Agreement, Dancer Hosting Agreement
Severability and Waiver. In the event If any provision of this Agreement is held to be found invalid or unenforceable, that provision will be enforced to the valid or enforceable portion thereof maximum extent permissible so as to affect the intent of the parties and the remaining provisions remainder of this Agreement will remain in full force and effect. Any waiver (express Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or implied) by any party statement or representation other than by an explicit written waiver. No waiver of any default or a breach of this Agreement shall not will constitute a waiver of any other prior or subsequent default or breachbreach of this Agreement.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, Terms of Service
Severability and Waiver. In the event any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) by any either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
Appears in 3 contracts
Samples: Joint Venture Agreement (Pharmacopeia Inc), Joint Venture Agreement (Molecular Simulations Inc), Software Development Agreement (Molecular Simulations Inc)
Severability and Waiver. In the event If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, that provision will be enforced to the valid or enforceable portion thereof extent possible or, if incapable of enforcement, deemed to be severed and deleted from this Agreement, and the remaining provisions of this Agreement remainder will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of waive any other or subsequent default or breach.
Appears in 2 contracts
Samples: Software End User License Agreement, Software End User License Agreement
Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, such provision will be enforced to the valid or enforceable portion thereof and extent possible consistent with the remaining provisions stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed from this Agreement, while the remainder of this Agreement will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Secured Financial Network, Inc.), Asset Purchase Agreement (Secured Financial Network, Inc.)
Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) by failure to enforce any party of any default or breach provision of this Agreement shall on one occasion will not constitute be deemed a waiver of any other provision or subsequent default of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or breachin equity.
Appears in 2 contracts
Severability and Waiver. In the event If any provision or provisions of this Agreement is shall be held to be invalid invalid, illegal or unenforceable, the valid or enforceable portion thereof validity, legality and enforceability of the remaining provisions of this Agreement will remain shall not in full force and effectany way be affected or impaired thereby. Any The waiver (express or implied) by any either party of any default or breach of this the Agreement shall not constitute a waiver of any other or subsequent default or breach.
Appears in 2 contracts
Samples: Services Provider Agreement, Services Provider Agreement
Severability and Waiver. In the event If any provision of in this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof other provisions will remain enforceable, and the remaining provisions invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver under this Agreement must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Agreement will remain in full force and effect. Any waiver (express or implied) by any party of any default or breach of this Agreement shall not constitute be considered a waiver of any other later breach or subsequent default or breachof the right to enforce any provision of this Agreement.
Appears in 2 contracts
Samples: Co Counsel Agreement, Incubator Plot License Agreement
Severability and Waiver. In the event any provision of If this Agreement is terminated or held by a court of competent jurisdiction to be invalid invalid, illegal, or unenforceableunenforceable as to particular provisions, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effecteffect as to the remaining provisions. Any No verbal or implied waiver (express or implied) by any party of any default or breach of any provisions of this Agreement shall not will constitute a waiver of any other prior, concurrent, or subsequent default breach of the same or breachany other provisions in this Agreement. Any waiver by either party must be in writing and delivered to the other party.
Appears in 2 contracts
Samples: Employment & Human Resources, Grant Agreement
Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining other provisions of this Agreement will remain in full force enforceable, and effectthe invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver (express or implied) under this Agreement must be in writing and signed by any the party granting the waiver. Waiver of any default breach or breach provision of this Agreement shall will not constitute be considered a waiver of any other later breach or subsequent default or breachof the right to enforce any provision of this Agreement.
Appears in 1 contract
Samples: License Agreement
Severability and Waiver. In the event If any provision of this Agreement is shall be held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions remainder of this Agreement will shall remain in full force and effect. Any waiver (To the extent any express or implied) implied restrictions are not permitted by any party applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. Except as provided herein, the failure to exercise a right or to require performance of any default or breach of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any other or subsequent default or breach.
Appears in 1 contract
Samples: End User License Agreement
Severability and Waiver. In the event If any provision of in this Agreement is held to be invalid illegal, invalid, or unenforceable, the valid or enforceable portion thereof and the remaining other provisions of this Agreement will remain in full force enforceable, and effectthe illegal, invalid, or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver (express or implied) under this Agreement must be in writing and signed by any the party granting the waiver. Waiver of any default breach or breach provision of this Agreement shall will not constitute be considered a waiver of any other later breach or subsequent default or breachof the right to enforce any provision of this Agreement.
Appears in 1 contract
Severability and Waiver. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) by failure to enforce any party of any default or breach provision of this Agreement shall on one occasion will not constitute be deemed a waiver of any other provision or subsequent default or breachof such provision on any other occasion. All waivers must be in writing.
Appears in 1 contract
Samples: Terms and Conditions
Severability and Waiver. In the event If any provision in or portion of this Agreement is held to be invalid or unenforceable, then the valid unenforceable provision or enforceable portion thereof and will be construed in accordance as nearly as possible with applicable law to reflect the remaining original intent of the parties. All other provisions of in this Agreement will remain in full force and effect. Any waiver (express or implied) To the extent permitted by applicable law, Customer, Company and any other party under this Agreement waive any provision of law which results in any default or breach provision of this Agreement shall being invalid or unenforceable in any way. A waiver in any way related to a breach of any of the provisions of this Agreement will not constitute be deemed a waiver of any other or subsequent default or breach.
Appears in 1 contract
Severability and Waiver. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will shall remain in full force and effect. Any waiver (express or implied) by failure to enforce any party of any default or breach provision of this Agreement on one occasion shall not constitute be deemed a waiver of any other provision or subsequent default or breachof such provision on any other occasion. All waivers must be in writing.
Appears in 1 contract
Samples: Service Agreement
Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceableunenforceable by a court of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of this the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any The waiver (express or implied) by any party of any default or breach of any provision of this Agreement shall will not constitute a waiver of any subsequent breach of the same other or subsequent default or breachprovisions hereof.
Appears in 1 contract
Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effectforce. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
Appears in 1 contract
Samples: Separation Agreement (Apigee Corp)
Severability and Waiver. In the event If any provision of this Agreement is held to be invalid ----------------------- illegal, invalid, or otherwise unenforceable, such provision will be enforced to the valid or enforceable portion thereof extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remaining provisions remainder of this Agreement will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach.
Appears in 1 contract
Samples: Marketing Agreement (Opentv Corp)
Severability and Waiver. In the event If any provision or provisions of this Agreement is shall be held to be invalid invalid, illegal or unenforceable, the valid or enforceable portion thereof validity, legality and enforceability of the remaining provisions of this Agreement will remain shall not in full force and effectany way be affected or impaired thereby. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
Appears in 1 contract
Samples: Health Services Provider Agreement