Common use of Severability and Waiver Clause in Contracts

Severability and Waiver. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force. The waiver by either Party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accrued.

Severability and Waiver. In the event If any provision of this Agreement is held shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement will hereof, which shall remain in full forceforce and effect. The waiver by either Party Failure to insist upon strict compliance with any of any default or breach the terms of this Agreement shall not constitute be deemed a waiver of such term unless such waiver is in writing signed by the party against whom it is asserted. Any waiver of any right hereunder at any time shall not be deemed a waiver at any other time or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedtimes.

Severability and Waiver. In the event If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceableunenforceable for any reason, the remaining provisions of this Agreement will remain continue in full forceforce without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. The waiver by either Party party of a breach of any default or breach provision of this Agreement shall by the other party must be in writing to be effective and will not constitute operate or be interpreted as a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accrued.

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 enforceability of all remaining provisions of this Agreement will not be impaired and will remain in full forceforce and effect. The waiver by If either Party of fails to exercise, or delays its exercise of, any default right, remedy, power or breach of privilege under this Agreement Agreement, such failure or delay shall not constitute operate as a waiver thereof in any later instance. No waiver shall be effective unless it is in writing and is signed by an authorized officer of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedStellar.

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 remaining provisions maximum extent permissible so as to affect the intent of the parties and the remainder of this Agreement will remain in full forceforce and effect. The Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an explicit written waiver. No waiver by either Party of any default or a breach of this Agreement shall not will constitute a waiver of any other prior or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedAgreement.

Severability and Waiver. In the event If any provision of this the Agreement is held found to be invalid illegal or otherwise unenforceable, the remaining invalid or unenforceable provision shall be deemed to be curtailed or revised to the extent necessary to make such provision valid and enforceable and all other provisions of this the Agreement shall remain enforceable and unaffected thereby. None of the failure, the delay by any party to exercise, or the partial exercise of any right under the Agreement will remain in full force. The waiver by either Party of any default or breach of this Agreement shall not constitute operate as a waiver or estoppel of any other or subsequent default or breachsuch right, nor shall such amend the Agreement. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may All waivers requested by a party must be brought signed by either Party more than one year after the cause of action has accruedwaiving party to be effective.

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force. The waiver by either Party of any default or breach portion of this Agreement shall not be held to be invalid, inoperative, or unenforceable, then, so far as possible, effect shall be given to the intent manifested by the portion held invalid, inoperative, or unenforceable, and the remainder of this Agreement shall remain in full force and effect. No waiver or failure to enforce any or all rights under this Agreement by either party on any occasion shall constitute a waiver of that party's right to assert the same or any other rights on that or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedany other occasion.

Severability and Waiver. In the event If any provision portion of this Agreement agreement is held to be subsequently deemed invalid or unenforceableunenforceable for any reason, the remaining provisions portions of the agreement shall continue to be valid and enforceable. The failure of either party to strictly enforce any terms of this Agreement will remain in full force. The waiver by either Party of any default or breach of this Agreement agreement shall not constitute be construed as a waiver or limitation of any the party’s right to subsequently enforce and require strict compliance with other or subsequent default or breach. Except for actions for nonpayment or breach portions of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedagreement.

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 remaining provisions extent possible consistent with the 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 forceeffect. The waiver by either Party party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accrued.

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 forceforce and effect. The Any waiver by either Party of or failure to enforce 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 breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedin equity.

Severability and Waiver. In the event If any provision of this Agreement is held determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be deemed severable from the remaining other provisions of this Agreement which will remain in full forcevalid and enforceable. The waiver by either Party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out terms of this Agreement may only be brought waived in writing and signed by both Parties. No failure by either Party more than one year after to insist upon the cause other Party’s performance of action has accruedany obligations hereunder will constitute waiver unless in writing.

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 remaining provisions of this Agreement will remain in full forceforce and effect as to the remaining provisions. The No verbal or implied waiver by either 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 or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of the same or any other provisions in this Agreement may be brought Agreement. Any waiver by either Party more than one year after party must be in writing and delivered to the cause of action has accruedother party.

Severability and Waiver. In the event If any provision of in this Agreement is held to be invalid or unenforceable, the remaining other provisions will remain enforceable, and the 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. The waiver by either 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 breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out the right to enforce any provision of this Agreement may be brought by either Party more than one year after the cause of action has accruedAgreement.

Severability and Waiver. In the event If any provision of this Agreement is held determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be deemed severable from the remaining other provisions of this Agreement which will remain in full forcevalid and enforceable. The waiver by either Party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out terms of this Agreement may only be brought waived in writing and signed by both Parties. No failure by either Party more than one year after to insist upon the cause other Party's performance of action has accruedany obligations hereunder will constitute waiver unless in writing.

Severability and Waiver. In the event that any provision provisions of this Agreement is held are determined to be invalid or unenforceableunenforceable by a court of competent jurisdiction, the remaining provisions remainder of this the Agreement will remain in full forceforce and effect without said provision. The waiver by either Party failure of a party to enforce any default or breach provision of this the Agreement shall will not constitute be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedright.

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the remaining other provisions of this Agreement will remain enforceable, and the 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 full forcewriting and signed by the party granting the waiver. The waiver by either Party 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 breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out the right to enforce any provision of this Agreement may be brought by either Party more than one year after the cause of action has accruedAgreement.

Severability and Waiver. In the event If any provision of this Agreement agreement is held to be invalid or unenforceableunenforceable by a court or agency having proper jurisdiction, the remaining all other provisions of this Agreement agreement will remain in full forceforce and effect. The waiver by either Party Neither failure nor delay on the part of any default party in exercising any right, power or breach of this Agreement privilege hereunder shall not constitute operate as a waiver waiver, nor shall any single or partial exercise preclude any further exercise of any other right, power or subsequent default or breachprivilege. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may All waivers must be brought signed by either Party more than one year after the cause of action has accruedparty waiving its right(s).

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 remaining provisions maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement will remain in full forceforce and effect. The Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an explicit written waiver. No waiver by either Party of any default or a breach of this Agreement shall not will constitute a waiver of any other prior or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedAgreement.

Severability and Waiver. In the event any If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid invalid, illegal, or unenforceable, the remaining provisions of this Agreement will shall remain in full forceforce and effect as to the remaining provisions. The waiver by either Party Failure of a party to enforce any default or breach provision of this Agreement shall not constitute or be construed as a waiver of any other such provision or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedright to enforce such provision.

Severability and Waiver. In the event If any provision of this Agreement Agreement, or the application of such provision, is held to be invalid or unenforceableunenforceable under any applicable statute or rule of law, the remaining provisions of this Agreement will shall remain in full forceforce and effect. The waiver failure by either Party of to enforce any default or breach provision of this Agreement or to exercise any right in respect thereto shall not constitute be construed as constituting a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedits right hereunder.

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid unenforceable or unenforceableinvalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will remain continue in full forceforce and effect. The waiver by either Party 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 effect 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. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accrued.

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid illegal, invalid, or unenforceable, the remaining all other provisions of this Agreement will remain in full forcenevertheless be effective, and the illegal, invalid, or unenforceable provision will be considered modified such that it is valid to the maximum extent permitted by law. The Any waiver by either 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 later breach or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out the right to enforce any provision of this Agreement may be brought by either Party more than one year after the cause of action has accruedAgreement.

Severability and Waiver. In the event If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the remaining provisions 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 remainder of this Agreement will remain continue in full forceforce and effect. The waiver by either Party party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default defa ult or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accrued.

Severability and Waiver. In the event If any provision of in this Agreement is held to be invalid illegal, invalid, or unenforceable, the remaining other provisions of this Agreement will remain enforceable, and the 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 under this Agreement must be in full forcewriting and signed by the party granting the waiver. The waiver by either Party 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 breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out the right to enforce any provision of this Agreement may be brought by either Party more than one year after the cause of action has accruedAgreement.

Severability and Waiver. In the event If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. Further, the provision that is held to be invalid invalid, illegal or unenforceable, the remaining provisions of this Agreement will unenforceable shall remain in full forceeffect to the extent possible in accordance with the intention of the parties. The waiver by failure of either Party of party to exercise in any default or breach of this Agreement respect any right provided for herein shall not constitute be deemed a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accruedright hereunder.

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 remaining provisions 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 remainder of this Agreement will remain continue in full forceforce and effect. The waiver by either Party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accrued.

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 remaining provisions 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 remainder of this Agreement will remain continue in full forceforce and effect. The waiver by either Party party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accrued.

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 remaining provisions 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 remainder of this Agreement will remain continue in full forceforce and effect. The waiver by either Party party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the cause of action has accrued.