SEVERABLITY. In the event any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected, provided that the remaining provisions without the invalidated provisions are consistent with the Parties’ intent. Should either party fail to enforce a specific term of this Agreement it shall not be a waiver of a subsequent right of enforcement, nor shall it be deemed a modification or alteration of the terms and conditions contained herein.
Appears in 5 contracts
Samples: Services Agreement, Professional Services Agreement, Professional Services
SEVERABLITY. In the event any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected, provided that the remaining provisions without the invalidated provisions are consistent with the Parties’ intent. Should either party fail to enforce a specific term of this Agreement Agreement, it shall not be a waiver of a subsequent right of enforcement, nor shall it be deemed a modification or alteration of the terms and conditions contained herein.
Appears in 4 contracts
Samples: Professional Services, Professional Services, Professional Services
SEVERABLITY. In the event that any of the provisions provision of this Agreement are is held by a court of competent jurisdiction to be unenforceable because it is invalid or invalid by in conflict with any court law of competent any relevant jurisdiction, the validity of the remaining provisions shall not be affected, provided that and the remaining provisions without the invalidated provisions are consistent with the Parties’ intent. Should either party fail to enforce a specific term of this Agreement it shall not be a waiver of a subsequent right of enforcement, nor shall it be deemed a modification or alteration rights and obligations of the terms parties shall be construed and conditions contained hereinenforced as if the Agreement did not contain the particular provisions held to be unenforceable.
Appears in 2 contracts
Samples: Software License and Distribution Agreement (Geotel Communications Corp), Software License and Distribution Agreement (Geotel Communications Corp)
SEVERABLITY. In the event any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected, provided that the remaining provisions without the invalidated provisions are consistent with the Parties’ intent. Should either party fail to enforce a specific term of this Agreement Agreement, it shall not be a waiver of a subsequent right of enforcement, nor shall it be deemed a modification or alteration of the terms and conditions contained herein.waiver
Appears in 1 contract
Samples: Professional Services
SEVERABLITY. In the event any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected, provided that the remaining provisions without the invalidated provisions are consistent with the Parties’ ' intent. Should either party fail to enforce a specific term of this Agreement Agreement, it shall not be a waiver of a subsequent right of enforcement, nor shall it be deemed a modification or alteration of the terms and conditions contained herein.
Appears in 1 contract
Samples: Professional Services