Common use of Severability; No Waiver Clause in Contracts

Severability; No Waiver. If any provision of this Agreement is held invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect. The failure of either Party to exercise any right granted herein or to require any performance of any term of this Agreement or the waiver by either Party of any breach of this Agreement shall not prevent a subsequent exercise or enforcement of, or be deemed a waiver of any subsequent breach of, the same or any other term of this Agreement.

Appears in 8 contracts

Samples: Service, and Support Agreement (Foundation Medicine, Inc.), And Support Agreement (Foundation Medicine, Inc.), www.sec.gov

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Severability; No Waiver. If 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 is held invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the PartiesAgreement, and the remainder of this Agreement all other provisions will continue remain in full force and effect. The failure of either a Party to exercise enforce at any right granted herein or to require time any performance of any term 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 by either Party of any breach of this Agreement shall not prevent a subsequent exercise or enforcement of, or be deemed held to be a waiver of any other or subsequent breach of, the same or any other term of this Agreementbreach.

Appears in 8 contracts

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

Severability; No Waiver. If any provision of this Agreement is held to be invalid or unenforceableunenforceable for any reason, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement remaining provisions will 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 to exercise any right granted herein or to require any performance party of a breach of any term provision of this Agreement or the waiver by either Party of any breach of this Agreement shall will not prevent a subsequent exercise or enforcement of, operate or be deemed interpreted as a waiver of any other or subsequent breach of, the same or any other term of this Agreementbreach.

Appears in 3 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Severability; No Waiver. If any provision of this Agreement is held to be invalid or unenforceableunenforceable for any reason, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement remaining provisions will 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 to exercise any right granted herein or to require any performance party of a breach of any term provision of this Agreement or the waiver by either Party of any breach of this Agreement shall will not prevent a subsequent exercise or enforcement of, operate or be deemed interpreted as a waiver of any other or subsequent breach of, the same or any other term of this Agreementbreach.

Appears in 3 contracts

Samples: Business Associate Agreement, Business Associate Agreement, Webstore Agreement

Severability; No Waiver. If In the event that any provision of this Agreement is held found to be invalid or unenforceableunenforceable pursuant to any judicial decree or decision, such provision shall be enforced limited or eliminated to the maximum minimum extent permissible necessary so as to effect the intent of the Parties, and the remainder of that this Agreement will continue shall otherwise remain in full force and effecteffect and remain enforceable between the parties. The failure of either Party to exercise any right granted herein or to require any performance No waiver of any term of this Agreement shall be deemed a further or the continuing waiver by either Party of such term or any breach of other term, and a party’s failure to assert any right or provision under this Agreement shall not prevent a subsequent exercise or enforcement of, or be deemed constitute a waiver of any subsequent breach of, the same such right or any other term of this Agreementprovision.

Appears in 2 contracts

Samples: Asana Master Subscription Agreement, Mindstand Terms and Conditions

Severability; No Waiver. If any term or other provision of this Agreement is held invalid by a court of competent jurisdiction to be invalid, illegal or unenforceableincapable of being enforced by any rule of law or public policy, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, all other conditions and the remainder provisions of this Agreement will continue shall nevertheless remain in full force and effect. The failure of either Party to exercise any right granted herein enforce or to require any performance of any term of this Agreement or the waiver by either Party of any breach of this Agreement timely enforce its rights shall not prevent a subsequent exercise or enforcement of, or be deemed a waiver, and a waiver of in any subsequent breach of, the same instance shall not be deemed a continuing waiver or a waiver with respect to any other term of this Agreementmatter.

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.)

Severability; No Waiver. If In the event that any provision of this Agreement is held found to be invalid or unenforceable, such provision shall be enforced limited or eliminated to the maximum minimum extent permissible necessary so as to effect that the intent of the Parties, and the remainder of this Agreement will continue shall otherwise remain in full force and effecteffect and remain enforceable between the Parties. The failure of either Party to exercise any right granted herein or to require any performance No waiver of any term of this Agreement or the waiver by either Party of any breach provision of this Agreement shall not prevent a subsequent exercise or enforcement of, or be deemed a further or continuing waiver of any subsequent breach of, the same such provision or any other term provision, and a Party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of this Agreementsuch right or provision.

Appears in 2 contracts

Samples: front.com, front.com

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Severability; No Waiver. If In the event that any provision of this Agreement is held found invalid or unenforceableunenforceable pursuant to any judicial decree or decision, such provision shall be enforced limited or eliminated to the maximum minimum extent permissible necessary so as to effect the intent of the Parties, and the remainder of that this Agreement will continue shall otherwise remain in full force and effecteffect and remain enforceable between the parties. The failure of either Party to exercise any right granted herein or to require any performance No waiver of any term of this Agreement shall be deemed a further or the continuing waiver by either Party of such term or any breach of other term, and a party’s failure to assert any right or provision under this Agreement shall not prevent a subsequent exercise or enforcement of, or be deemed constitute a waiver of any subsequent breach of, the same such right or any other term of this Agreementprovision.

Appears in 1 contract

Samples: Terms of Service

Severability; No Waiver. If any Any provision of this Agreement that is held invalid prohibited or unenforceable, such provision shall unenforceable will be enforced ineffective to the maximum extent permissible so as of such prohibition or unenforceability without invalidating the remaining provisions. No course of dealing or failure of a Party to effect the intent of the Parties, and the remainder enforce strictly any term or provision of this Agreement will continue in full force and effect. The failure of either Party Agreement, or to exercise any right granted herein or to require any performance of any term of this Agreement or the waiver by either Party of any breach of this Agreement shall not prevent a subsequent exercise or enforcement ofright, obligation, or be deemed a waiver of any subsequent breach ofoption provided hereunder, the same will waive such term, provision, right, obligation, or any other term of this Agreement.option

Appears in 1 contract

Samples: 3genusa.com

Severability; No Waiver. If any provision term of this Agreement is held invalid or becomes invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent rest of the Parties, and the remainder of this Agreement will continue remain in full force and effect. The No failure of either Party to exercise enforce any right granted herein or to require any performance of any term of this Agreement or the waiver by either Party of any breach of rights under this Agreement shall not prevent a subsequent exercise or enforcement of, or be deemed act as a waiver of any subsequent breach of, the same or any other term of this Agreementsuch rights.

Appears in 1 contract

Samples: s3.amazonaws.com

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