Severability; Waiver; Survival. (a) If one or more provisions of this Agreement are held invalid, illegal or unenforceable in any respect on the basis of any particular circumstances or in any jurisdiction, the validity, legality and enforceability of such provision or provisions under other circumstances or in other jurisdictions and of the remaining provisions will not in any way be affected or impaired.
(b) Except as otherwise provided herein, no failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right. No waiver by a party of any provision of this Agreement, or waiver of any breach or default, is effective unless it is in writing and signed by the party against whom the waiver is to be enforced.
(c) The parties’ rights, protections and remedies under this Agreement shall survive its termination.
Severability; Waiver; Survival. The provisions of this section shall apply to the fullest extent of permitted by law. The partial or complete invalidity or unenforceability of any one or more of the provisions shall not affect the validity or continuing force and effect of any provision. The court shall interpret and construe the remaining portion of this section so as to carry out the intent and effect of the parties. The failure of either party to insist at any time, upon the perfor- xxxxx of any of the terms, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term of right.
Severability; Waiver; Survival. If a provision of these General Terms and Conditions is determined to be invalid or unenforceable, this shall not affect the remaining provisions which will remain valid or enforceable. Any failure to enforce any provision of these General Terms and Conditions shall not constitute a waiver thereof or of any other provision. The provisions of these General Terms and Conditions which are expressly or implicitly intended to survive termination of the agreement between the parties, shall survive any termination or expiration thereof for a period of five (5) years.
Severability; Waiver; Survival. If a court determines that any term of this Agreement is invalid, void or unenforceable to any extent, the remaining terms will remain in full force and effect. The waiver by either Party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. In addition to the provisions specifically identified in this Agreement to survive termination, any provisions of this Agreement that by their nature are intended to survive termination of this Agreement will survive its termination.
Severability; Waiver; Survival. (a) If one or more provisions of this Agreement are held invalid, illegal or unenforceable in any respect on the basis of any particular circumstances or in any jurisdiction, the validity, legality and enforceability of such provision or provisions under other circumstances or in other jurisdictions and of the remaining provisions will not in any way be affected or impaired.
(b) Except as otherwise provided herein, no failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right. No waiver by a party of any provision of this Agreement, or waiver of any breach or default, is effective unless it is in writing and signed by the party against whom the waiver is to be enforced. Global Custody Agreement – New York – January 2021 26
(c) The parties’ rights, protections and remedies under this Agreement shall survive its termination.
Severability; Waiver; Survival. If fulfillment of any provision of the Agreement or performance of any transaction related hereto, at the time such fulfillment or performance shall be due, shall exceed the limits of validity prescribed by law, then the obligation to be fulfilled or performed shall be reduced to the limit of such validity; and if any clause or provision contained in the Agreement operates or would operate to invalidate the Agreement, in whole or in part, then such clause or provision only shall be held ineffective, as though not herein contained, and the remainder of the Agreement shall remain operative and in full force and effect. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Failure to exercise a right or remedy at law or granted hereunder shall not be deemed a waiver of such right or remedy. Failure to claim default hereunder shall not waive any default. Termination of this Agreement shall not release either party of their respective obligations of payment, warranty, intellectual property rights, and from the confidentiality and indemnity provisions hereof.
