Common use of Severability; Waiver Clause in Contracts

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force 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 of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 10 contracts

Samples: Hosting Agreement, Website Development Agreement (Maple Tree Kids, Inc.), Website Development and Hosting Agreement (Portaltochina Com)

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Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 9 contracts

Samples: Website Services Agreement (Ivillage Inc), Commerce Exchange Platform Agreement (Channelpoint Inc), Magazine Content License and Hosting Agreement (Ivillage Inc)

Severability; Waiver. If any provision of in this Agreement is held to be invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable for any reason, provision will be considered modified so that it is valid and enforceable to the remaining provisions will continue maximum extent permitted by law. Any waiver under this Agreement must be in full force without being impaired or invalidated in any waywriting and signed by the party granting the waiver. 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 of a breach Waiver of any breach or provision of this Agreement will not operate or be interpreted as considered a waiver of any other later breach or subsequent breachof the right to enforce any provision of this Agreement.

Appears in 6 contracts

Samples: Sales Consultant Agreement, Employee Confidential Information and Inventions Assignment Agreement, Fiscal Sponsorship Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties 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 provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 4 contracts

Samples: Data Security Agreement, Data Security Agreement, Data Security Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reasonreason by a court of competent jurisdiction, the remaining provisions will continue in full force 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 failure of the invalid provision. The waiver by either party of a breach to insist upon strict performance of any provision of this Agreement will Agreement, or to exercise any right provided for herein, shall not operate or be interpreted as deemed to be a waiver of the future enforcement of such provision or right, and no waiver of any provision or right shall affect the right of the waiving party to enforce any other provision or subsequent breachright herein.

Appears in 4 contracts

Samples: Sales Agreement, Term Rental Agreement, Purchase Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect 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 any party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 3 contracts

Samples: Procurement Agreement (Engraving Master Inc), Strategic Alliance Agreement (Real Goods Trading Corp), Technical Support Service Agreement (Myturn Com Inc)

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties Company and Manager agree to replace any invalid provision with a valid provision different provision, which most closely approximates the intent and economic effect of the invalid provision. The waiver of any breach by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breachbreach by such party.

Appears in 2 contracts

Samples: Service Management Agreement (Can-Fite BioPharma Ltd.), Service Management Agreement (Can-Fite BioPharma Ltd.)

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force 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 of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 2 contracts

Samples: Technology Advisory Services Agreement (North Shore Capital Iv Inc), Technology Advisory Board Services Agreement (North Shore Capital Iv Inc)

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reasonreason by a court of competent jurisdiction, the remaining provisions will continue in full force 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 failure of the invalid provision. The waiver by either party of a breach to insist upon strict performance of any provision of this Agreement will Agreement, or to exercise any right provided for herein, shall not operate be deemed to be a waiver for the future of such provision or be interpreted as a right, and no waiver of any provision or right shall affect the right of the waiving party to enforce any other provision or subsequent breachright herein.

Appears in 2 contracts

Samples: Marketing and Distribution Agreement (Lazuriton Nano Biotechnology (U.S.A.) Inc.), Marketing and Distribution Agreement (Haha Generation Corp.)

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force 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. 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 authorized representative in an explicit written waiver. The waiver by either party of a breach of any provision of this Agreement will not operate constitute an ongoing or be interpreted as a future waiver of any other such breach or subsequent breachprovision.

Appears in 2 contracts

Samples: Directory as a Service Agreement, Directory as a Service Agreement

Severability; Waiver. If any provision of this the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision provision, which most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this the Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 2 contracts

Samples: Unique Name License Agreement (Harris Interactive Inc), Unique Name License Agreement (Harris Interactive Inc)

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reasonunenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any wayforce. The parties Parties agree to replace any invalid provision with a valid provision which most closely approximates that documents the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement by the other Party will not operate or be interpreted as a waiver of any other or subsequent later breach.

Appears in 1 contract

Samples: Visiting Scientist Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reasonreason by a court of competent jurisdiction, the remaining provisions will continue in full force 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 failure of the invalid provision. The waiver by either party of a breach to insist upon strict performance of any provision of this Agreement Agreement, or to exercise any right provided for herein, will not operate or be interpreted as deemed to be a waiver of the future enforcement of such provision or right, and no waiver of any provision or right will affect the right of the waiving party to enforce any other provision or subsequent breachright herein.

Appears in 1 contract

Samples: Terms of Service Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace impairment, and any invalid provision will be replaced with a valid provision which most closely approximates approximating the intent purpose and economic effect of the invalid provision. The waiver by either party of a breach Party of any provision breach of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: End User License Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force 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 of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Software Subscription Service Agreement

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Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reasoninvalid, the remaining all other provisions will continue in full force without being impaired or invalidated in any wayremain valid. 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 A waiver by either party of a breach of any provision of this Agreement will only be valid if provided in writing and will only be applicable to the specific incident and occurrence so waived. The failure by either party to insist upon the strict performance of this Agreement, or to exercise any term hereof, will not operate or be interpreted act as a waiver of any other right, promise or subsequent breachterm, which will continue in full force and effect.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force 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 of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.of

Appears in 1 contract

Samples: Software Hosting Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reasonunenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which that most closely approximates the intent and economic effect of the invalid provision. The failure to enforce or waiver by either of any party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Usage Agreement (Prepaid Card Holdings, Inc.)

Severability; Waiver. If any provision of the provisions of this Agreement is held are declared to be invalid or unenforceable for any reasoninvalid, such provisions shall be severed from this Agreement and the remaining surviving provisions will continue shall remain in full force without being impaired and effect. No failure 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 delay by either party of a breach of in exercising any provision of this Agreement right, power or privilege hereunder will not operate or be interpreted as a waiver of any other or subsequent breachpreclude further exercise thereof.

Appears in 1 contract

Samples: Master Agreement for Outsourcing Contact Center Support (Bluefly Inc)

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reasonreason by a Court of competent jurisdiction, the remaining provisions will continue in full force 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 of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Terms of Service

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force 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 failure of the invalid provision. The waiver by either party of a breach to insist upon strict performance of any provision of this Agreement will Agreement, or to exercise any right provided for herein, shall not operate be deemed to be a waiver for the future of such provision or be interpreted as a right, and no waiver of any provision or right shall affect the right of the waiving party to enforce any other provision or subsequent breachright herein.

Appears in 1 contract

Samples: Hardware Sales and License Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid unenforceable or unenforceable for any reasoninvalid, 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 will continue in full force without being impaired and effect. Except as provided herein, the failure to exercise a right or invalidated in to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates time thereafter nor shall the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as constitute a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Terms of Use Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace impairment, and any invalid provision shall be replaced with a valid provision which most closely approximates approximating the intent purpose and economic effect of the invalid provision. The waiver by either party of a any breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Copyright Assignment Agreement

Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will shall continue in full force 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 of a breach of any provision of this Agreement will shall not operate constitute an ongoing or be interpreted as a future waiver of any other such breach or subsequent breachprovision.

Appears in 1 contract

Samples: Terms of Service Agreement

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