Common use of Unenforceability Clause in Contracts

Unenforceability. If any provision of this Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect, and the Parties hereto shall continue to be bound thereby.

Appears in 8 contracts

Samples: Private Student Loan Program Agreement, Private Student Loan Program Agreement (First Marblehead Corp), Loan Program Agreement (First Marblehead Corp)

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Unenforceability. If any provision of this Agreement shall be is held to be invalid or unenforceableunenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect or impair then the validity or enforceability of the remaining other provisions of this Agreement, which Agreement shall remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto further agree to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, and to the Parties hereto shall continue to be bound therebyextent possible, the purposes of such invalid or unenforceable provision.

Appears in 8 contracts

Samples: Shareholder Agreement (Telecommunication Systems Inc /Fa/), Shareholder Agreement (Becker Drapkin Management, L.P.), Investment Agreement (Cutera Inc)

Unenforceability. If any term or other provision of this Agreement shall be held to be invalid is invalid, illegal or unenforceableincapable of being enforced under any rule of law or public policy, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining all other conditions and provisions of this Agreement, which Agreement shall nevertheless remain in full force and effect, and the Parties hereto shall continue to be bound thereby.

Appears in 6 contracts

Samples: Supply, License, and Development Agreement (Applied Digital Solutions Inc), Supply, License, and Development Agreement (Digital Angel Corp), Supply, License, and Development Agreement (Applied Digital Solutions Inc)

Unenforceability. If any provision of this Agreement shall be held to be is or becomes invalid or unenforceable, such invalidity or unenforceability shall not affect or impair the validity or enforceability of invalidate the remaining provisions of this Agreement, except where the provisions cannot be severed from the rest of this Agreement due to the nature of the Agreement, its subject or the circumstances in which shall remain in full force and effect, and this Agreement was concluded. The Parties agree to do everything necessary to achieve the Parties hereto shall continue to be bound therebysame results intended by any such invalid or unenforceable provisions.

Appears in 4 contracts

Samples: Purchase Agreement, Purchase Agreement, Investment Agreement

Unenforceability. If any In the event a particular provision of this the Agreement shall be held to be is declared invalid or unenforceable, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement, which shall remain the Agreement will continue in full force and effect, and the Parties hereto . This Agreement shall continue to be bound therebyconstrued in all respects as if such invalid unenforceable provisions were omitted.

Appears in 3 contracts

Samples: Retirement Transition Agreement (Ch2m Hill Companies LTD), Retirement Transition Agreement (Ch2m Hill Companies LTD), Retirement Transition Agreement (Ch2m Hill Companies LTD)

Unenforceability. If any term or provision of this Agreement shall be held to be agreement is declared invalid or unenforceable, such invalidity unenforceable or unenforceability shall not affect or impair in breach of any Act of Parliament the validity or enforceability of the remaining provisions remainder of this Agreement, which shall agreement will not be affected and will remain in full force and effect, and the Parties hereto shall continue to be bound therebyeffect as if this agreement had been executed with such invalid term of provision eliminated.

Appears in 3 contracts

Samples: Standard Terms and Conditions, Standard Terms and Conditions, Broadcasting Agreement

Unenforceability. If any provision of this Agreement shall be is held to be invalid or unenforceableunenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect or impair then the validity or enforceability of the remaining other provisions of this Agreement, which Agreement shall remain in full force and effect, . Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The Parties hereto shall continue further agree to be bound therebyreplace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provision.

Appears in 1 contract

Samples: Board Appointment Agreement (Destination Maternity Corp)

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Unenforceability. If any In the event a particular provision of this the Agreement shall be held to be is declared invalid or unenforceable, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement, which shall remain the Agreement will continue in full force and effect, and the Parties hereto . This Agreement shall continue to be bound therebyconstrued in all respects as if such invalid or unenforceable provisions were omitted.

Appears in 1 contract

Samples: Transition Arrangements Agreement (Ch2m Hill Companies LTD)

Unenforceability. If any provision of this Agreement shall be is held by a court of law or other tribunal of competent jurisdiction to be invalid illegal, invalid, or unenforceable, such invalidity or unenforceability shall not affect or impair the validity or legality, validity, and enforceability of the remaining provisions of this AgreementAgreement will not be affected or impaired thereby and the illegal, which shall remain invalid, or unenforceable provision will be deemed modified to the minimum extent necessary such that it is legal, valid, and enforceable and accomplishes the intention of the parties to the fullest extent possible, and, in any event, the remainder of this Agreement will continue in full force and effect, and the Parties hereto shall continue to be bound thereby.

Appears in 1 contract

Samples: Master Subscription Agreement

Unenforceability. If any provision of this Agreement shall be held is ---------------- determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such invalidity or unenforceability determination shall not affect or impair the validity or enforceability unenforceability of the any remaining provisions of this Agreement. If any provision of this Agreement is invalid under any applicable statute or rule of law, which it shall remain be enforced to the maximum extent possible so as to effect the intent of the parties, and the remainder of this Agreement and the Agreement shall continue in full force and effect, and the Parties hereto shall continue to be bound thereby.

Appears in 1 contract

Samples: Registration Rights Agreement (Homestore Com Inc)

Unenforceability. If any provision of in this Agreement shall be held is found to be invalid or unenforceable, such invalidity or unenforceability that provision shall not affect or impair be severed from the validity or enforceability of Agreement and the remaining provisions remainder of this Agreement, which Agreement shall remain in full force and effect, and the Parties hereto shall continue to be bound thereby.effect.‌

Appears in 1 contract

Samples: Services Agreement

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