Severance of invalid or illegal terms. (a) If any term of this Agreement, or its application to any Party, person or circumstance is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatsoever, then: (i) that term or its application to such Party, person or circumstance is severable from this Agreement; (ii) the remainder of this Agreement, excluding the severed part, remains in force and any term which includes the severed part applies to such Party, person or circumstance without reliance on the part severed; and (iii) to the extent permissible by law, the Parties must agree to replace the severed term, effective from the date of severance, with a valid and enforceable term which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable term was intended to achieve and does not cause any substantial reduction in the benefits of either Party or material re-allocation of risks between the Parties. (b) The Parties must act reasonably and in good faith in seeking an agreement under this Clause as to a replacement term. If the Parties cannot agree upon a replacement term, this Agreement is continued in accordance with Clause 17.15(a)(i) and (ii).
Appears in 12 contracts
Samples: End User Access Agreement, End User Access Agreement, End User Access Agreement
Severance of invalid or illegal terms. (a) If any term of this Agreement, or its application to any Party, person or circumstance is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatsoever, then:
(i) that term or its application to such Party, person or circumstance is severable from this Agreement;
(ii) the remainder of this Agreement, excluding the severed part, remains in force and any term which includes the severed part applies to such Party, person or circumstance without reliance on the part severed; and
(iii) to the extent permissible by law, the Parties must agree to replace the severed term, effective from the date of severance, with a valid and enforceable term which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable term was intended to achieve and does not cause any substantial reduction in the benefits of either Party or material re-allocation of risks between the Parties.
(b) The Parties must act reasonably and in good faith in seeking an agreement under this Clause as to a replacement term. If the Parties cannot agree upon a replacement term, this Agreement is continued in accordance with Clause 17.15(a)(i24.15(a)(i) and (ii).
Appears in 11 contracts
Samples: Train Operations Agreement, Train Operations Agreement, Train Operations Agreement
Severance of invalid or illegal terms. (a) If any term of this Agreement, or its application to any Party, person or circumstance is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatsoever, then:
(i) that term or its application to such Party, person or circumstance is severable from this Agreement;
(ii) the remainder of this Agreement, excluding the severed part, remains in force and any term which includes the severed part applies to such Party, person or circumstance without reliance on the part severed; and
(iii) to the extent permissible by law, the Parties must agree to replace the severed term, effective from the date of severance, with a valid and enforceable term which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable term was intended to achieve and does not cause any substantial reduction in the benefits of either Party or material re-allocation of risks between the Parties.
(b) The Parties must act reasonably and in good faith in seeking an agreement under this Clause as to a replacement term. If the Parties cannot agree upon a replacement term, this Agreement is continued in accordance with Clause 17.15(a)(i22.15(a)(i) and (ii).
Appears in 10 contracts
Samples: Access Agreement, Access Agreement, Access Agreement
Severance of invalid or illegal terms. (a) If any term of this Agreement, or its application to any Party, person or circumstance circumstance, is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatsoeverwhatever, then:
(i) that term term, or its application to such Party, person or circumstance circumstance, is severable severed from this Agreement;
(ii) the remainder of this Agreement, excluding the severed part, remains in force force, and any term which includes the severed part applies to such Party, person or circumstance without reliance on the part severed; and
(iii) to the extent permissible by lawLaw, the Parties must agree to replace the severed term, effective from the date of severance, with a valid and enforceable term which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable term was intended to achieve and does not cause any substantial reduction in the benefits of either Party or material re-allocation of risks between the Parties.
(b) The Parties must act reasonably and in good faith in seeking an agreement under this Clause clause 34.14 as to a replacement term. .
(c) If the Parties cannot agree upon a replacement term, this Agreement is continued in accordance with Clause 17.15(a)(iclauses 34.14(a)(i) and (ii34.14(a)(ii).
Appears in 5 contracts
Samples: Access Agreement, Access Agreement, Access Agreement
Severance of invalid or illegal terms. (a) If any term of this Agreement, or its application to any Party, person or circumstance circumstance, is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatsoeverwhatever, then:
(i) that term term, or its application to such Party, person or circumstance circumstance, is severable severed from this Agreement;
(ii) the remainder of this Agreement, excluding the severed part, remains in force force, and any term which includes the severed part applies to such Party, person or circumstance without reliance on the part severed; and
(iii) to the extent permissible by lawLaw, the Parties must agree to replace the severed term, effective from the date of severance, with a valid and enforceable term which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable term was intended to achieve and does not cause any substantial reduction in the benefits of either Party or material re-allocation of risks between the Parties.
(b) The Parties must act reasonably and in good faith in seeking an agreement under this Clause clause 38.14 as to a replacement term. .
(c) If the Parties cannot agree upon a replacement term, this Agreement is continued in accordance with Clause 17.15(a)(iclauses 38.14(a)(i) and (ii38.14(a)(ii).
Appears in 2 contracts
Samples: Standard Access Agreement, Standard Access Agreement
Severance of invalid or illegal terms. (a) If any term of this Agreement, or its application to any Party, person or circumstance is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatsoever, then:
(i) that term or its application to such Party, person or circumstance is severable from this Agreement;
(ii) the remainder of this Agreement, excluding the severed part, remains in force and any term which includes the severed part applies to such Party, person or circumstance without reliance on the part severed; and
(iii) to the extent permissible by law, the Parties must agree to replace the severed term, effective from the date of severance, with a valid and enforceable term which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable term was intended to achieve and does not cause any substantial reduction in the benefits of either Party or material re-allocation of risks between the Parties.. Deleted: 19.15(a)(i) Deleted: 24.15(a)(i)
(b) The Parties must act reasonably and in good faith in seeking an agreement under this Clause as to a replacement term. If the Parties cannot agree upon a replacement term, this Agreement is continued in accordance with Clause 17.15(a)(i19.15(a)(i) and (ii).
Appears in 1 contract
Samples: Train Operations Agreement
Severance of invalid or illegal terms. (a) If any term of this Agreement, or its application to any Party, person or circumstance circumstance, is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatsoeverwhatever, then:
(i) that term term, or its application to such Party, person or circumstance circumstance, is severable severed from this Agreement;
(ii) the remainder of this Agreement, excluding the severed part, remains in force force, and any term which includes the severed part applies to such Party, person or circumstance without reliance on the part severed; and
(iii) to the extent permissible by lawLaw, the Parties must agree to replace the severed term, effective from the date of severance, with a valid and enforceable term which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable term was intended to achieve and does not cause any substantial reduction in the benefits of either Party or material re-allocation of risks between the Parties.
(b) The Parties must act reasonably and in good faith in seeking an agreement under this Clause clause 31.14 as to a replacement term. .
(c) If the Parties cannot agree upon a replacement term, this Agreement is continued in accordance with Clause 17.15(a)(iclauses 31.14(a)(i) and (ii31.14(a)(ii).
Appears in 1 contract
Samples: Access Agreement
Severance of invalid or illegal terms. (a) If any term of this Agreement, or its application to any Party, person or circumstance circumstance, is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatsoeverwhatever, then:
(i) that term term, or its application to such Party, person or circumstance circumstance, is severable severed from this Agreement;
(ii) the remainder of this Agreement, excluding the severed part, remains in force force, and any term which includes the severed part applies to such Party, person or circumstance without reliance on the part severed; and
(iii) to the extent permissible by lawLaw, the Parties must agree to replace the severed term, effective from the date of severance, with a valid and enforceable term which so far as possible achieves the same purpose, object or effect as the invalid, void, voidable or otherwise unenforceable term was intended to achieve and does not cause any substantial reduction in the benefits of either Party or material re-allocation of risks between the Parties.
(b) The Parties must act reasonably and in good faith in seeking an agreement under this Clause clause 37.14 as to a replacement term. .
(c) If the Parties cannot agree upon a replacement term, this Agreement is continued in accordance with Clause 17.15(a)(iclauses 37.14(a)(i) and (ii37.14(a)(ii).
Appears in 1 contract
Samples: Access Agreement