Common use of Severability; No Waiver Clause in Contracts

Severability; No Waiver. In the event that any provision in this Agreement will, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, and all other provisions will remain in full force and effect. The failure of a Party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provisions or the right of the Party thereafter to enforce such provisions. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 8 contracts

Samples: Consulting Services Agreement, Consulting Services Agreement (NewBridge Global Ventures, Inc.), Consulting Services Agreement (Appiphany Technologies Holdings Corp)

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Severability; No Waiver. In the event that If any provision in of this Agreement will, for any reason, be is held to be invalid, illegal, invalid or unenforceable in any respectunenforceable, such invalidityprovision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, illegality, or unenforceability will not affect any other provisions and the remainder of this Agreement, and all other provisions Agreement will remain continue in full force and effect. The failure of a either Party to enforce at exercise any time right granted herein or to require any performance of the provisions any term of this Agreement shall in no way be construed to be a waiver of any such provisions or the right of the waiver by either Party thereafter to enforce such provisions. No waiver of any breach of this Agreement shall not prevent a subsequent exercise or enforcement of, or be held to be deemed a waiver of any subsequent breach of, the same or any other or subsequent breachterm of this Agreement.

Appears in 8 contracts

Samples: Supply, Service, and Support Agreement, Supply, Service, and Support Agreement (Foundation Medicine, Inc.), Supply, Service, and Support Agreement (Foundation Medicine, Inc.)

Severability; No Waiver. In the event that If any provision in of this Agreement will, is held to be invalid or unenforceable for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, and all other the remaining provisions will remain continue in full force and effectwithout being impaired or invalidated in any way. The failure parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. A waiver by either party of a Party to enforce at breach of any time any of the provisions provision of this Agreement shall in no way will not operate or be construed to be a waiver of any such provisions or the right of the Party thereafter to enforce such provisions. No waiver of any breach of this Agreement shall be held to be interpreted as a waiver of any other or subsequent breach.

Appears in 3 contracts

Samples: Metagenics Online Webpage Agreement, Metagenics Online™ Webpage Agreement – Resale Estore, Webstore Agreement

Severability; No Waiver. In Each provision of this Agreement shall be severable from every other provision of this Agreement for the event that purpose of determining the legal enforceability of any specific provision. If any provision in of this Agreement will, for any reason, be held to be invalid, illegal, is deemed invalid or unenforceable in any respectunder applicable law, such invalidity, illegality, or unenforceability will not affect any all other provisions of this Agreement, and all other provisions will Agreement shall remain in full force and effect. The failure No delay or omission on the part of a Party party to enforce at any time any of the provisions of this Agreement in exercising any right hereunder shall in no way be construed to be operate as a waiver of any such provisions thereof or the right of the Party thereafter to enforce such provisions. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breachright.

Appears in 3 contracts

Samples: Services Agreement (Wildermuth Endowment Strategy Fund), Services Agreement (Wildermuth Endowment Strategy Fund), Chief Compliance Officer Services Agreement (Trust for Credit Unions)

Severability; No Waiver. In the event that If any provision in of this Agreement will, is held to be invalid or unenforceable for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, and all other the remaining provisions will remain continue in full force and effectwithout being impaired or invalidated in any way. The failure parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a Party to enforce at breach of any time any of the provisions provision of this Agreement shall in no way will not operate or be construed to be a waiver of any such provisions or the right of the Party thereafter to enforce such provisions. No waiver of any breach of this Agreement shall be held to be interpreted as a waiver of any other or subsequent breach.

Appears in 3 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Severability; No Waiver. In the event that any provision in of this Agreement will, for any reason, be held is found to be invalid, illegal, invalid or unenforceable in pursuant to any respectjudicial decree or decision, such invalidity, illegality, provision shall be limited or unenforceability will not affect any other provisions of eliminated to the minimum extent necessary so that this Agreement, and all other provisions will Agreement shall otherwise remain in full force and effect. The failure of a Party to enforce at any time any of effect and remain enforceable between the provisions of this Agreement shall in no way be construed to be a waiver of any such provisions or the right of the Party thereafter to enforce such provisionsparties. No waiver of any breach term of this Agreement shall be held deemed a further or continuing waiver of such term or any other term, and a party’s failure to be assert any right or provision under this Agreement shall not constitute a waiver of any other such right or subsequent breachprovision.

Appears in 2 contracts

Samples: Master Subscription Agreement, Terms of Service

Severability; No Waiver. In the event that If any term or other provision in of this Agreement will, for any reason, be is held by a court of competent jurisdiction to be invalid, illegalillegal or incapable of being enforced by any rule of law or public policy, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any all other conditions and provisions of this Agreement, and all other provisions will Agreement shall nevertheless remain in full force and effect. The failure of a either Party to enforce at any time any of the provisions of this Agreement or timely enforce its rights shall in no way not be construed to be deemed a waiver, and a waiver of in any such provisions instance shall not be deemed a continuing waiver or the right of the Party thereafter to enforce such provisions. No waiver of any breach of this Agreement shall be held to be a waiver of with respect to any other or subsequent breachmatter.

Appears in 2 contracts

Samples: Sale and Purchase of Assets Agreement (First Foods Group, Inc.), Facility Access and Wholesale Production Purchase and Sale Agreement (First Foods Group, Inc.)

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Severability; No Waiver. In the event that any provision in of this Agreement will, for any reason, be held is found to be invalid, illegal, invalid or unenforceable in any respectunenforceable, such invalidity, illegality, provision shall be limited or unenforceability will not affect any other provisions of this Agreement, and all other provisions will eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect. The failure of a Party to enforce at any time any of effect and remain enforceable between the provisions of this Agreement shall in no way be construed to be a waiver of any such provisions or the right of the Party thereafter to enforce such provisionsParties. No waiver of any breach provision of this Agreement shall be held deemed a further or continuing waiver of such provision or any other provision, and a Party’s failure to be assert any right or provision under this Agreement shall not constitute a waiver of any other such right or subsequent breachprovision.

Appears in 2 contracts

Samples: Software as a Service (Saas) Agreement, Software as a Service (Saas) Agreement

Severability; No Waiver. In the event that any provision in of this Agreement will, for any reason, be held to be invalid, illegal, is found invalid or unenforceable in pursuant to any respectjudicial decree or decision, such invalidity, illegality, provision shall be limited or unenforceability will not affect any other provisions of eliminated to the minimum extent necessary so that this Agreement, and all other provisions will Agreement shall otherwise remain in full force and effect. The failure of a Party to enforce at any time any of effect and remain enforceable between the provisions of this Agreement shall in no way be construed to be a waiver of any such provisions or the right of the Party thereafter to enforce such provisionsparties. No waiver of any breach term of this Agreement shall be held deemed a further or continuing waiver of such term or any other term, and a party’s failure to be assert any right or provision under this Agreement shall not constitute a waiver of any other such right or subsequent breachprovision.

Appears in 1 contract

Samples: Terms of Service

Severability; No Waiver. In the event that any Any provision in of this Agreement will, for any reason, be held to be invalid, illegal, that is prohibited or unenforceable in any respect, will be ineffective to the extent of such invalidity, illegality, prohibition or unenforceability will not affect any other provisions without invalidating the remaining provisions. No course of this Agreement, and all other provisions will remain in full force and effect. The dealing or failure of a Party to enforce at strictly any time any of the provisions term or provision of this Agreement shall in no way be construed Agreement, or to be a waiver of exercise any right, obligation, or option provided hereunder, will waive such provisions term, provision, right, obligation, or the right of the Party thereafter to enforce such provisions. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.option

Appears in 1 contract

Samples: End User Terms of Service

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