Validity and Enforcement. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Validity and Enforcement. It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. In the event that any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected. Moreover, if any one or more provisions contained in this Agreement shall be held to be excessively broad as to duration, scope, activity or subject, such provisions shall be construed by limiting or reducing them so as to be enforceable to the maximum extent compatible with applicable law. No waiver by either party of any breach by the other of this Agreement shall be deemed a waiver of any other provision or condition at the time or at any prior or subsequent time. This Agreement and the provisions contained in it shall not be construed or interpreted for or against either party because that party drafted or caused to be draft any of its provisions.
Validity and Enforcement. (a) Capitalized terms in this Agreement (including any exhibits attached hereto) that are not defined in this Agreement shall have the meaning ascribed to such terms in the Employment Agreement.
(b) Should any provision of this Agreement require interpretation or construction, it is agreed by the parties that the entity interpreting or constructing this Agreement shall not apply a presumption against one party by reason of the rule of construction that a document is to be construed more strictly against the party who prepared the document.
(c) You represent and warrant that you have not assigned or transferred to any person or entity any of my rights which are or could be covered by this Agreement, including but not limited to the waivers and releases contained in this Agreement.
(d) This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective heirs, executors, administrators, successors and assigns.
Validity and Enforcement. 9.1 Should any provision of this Participation Agreement be proved to be wholly or partly invalid or unenforceable this shall not affect the validity or enforceability of the remaining provisions thereof.
Validity and Enforcement. If any provision of this agreement is held invalid or unenforceable, the validity and enforceability of the remaining provisions of the agreement shall not be affected thereby, unless the provision held invalid is a material element of this agreement.
Validity and Enforcement. 14.1 Should any provision of this Trust deed be proved to be wholly or partly invalid or unenforceable this shall not affect the validity or enforceability of the remaining provisions thereof.
Validity and Enforcement. This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person, entity or circumstance shall, for any reason, to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to the other persons, entities or circumstances shall not be effected thereby but rather should be enforced to the greatest extent permitted by law.
Validity and Enforcement. (A) The issued Company Patents (1) are subsisting and in full force and effect, and have not expired, lapsed, been cancelled, or become abandoned; (2) are valid and enforceable; (3) include all Patents to which any Company Patents have been terminally disclaimed; (4) have not been held invalid or unenforceable; and (5) disclose and claim patentable subject matter.
(B) Licensor and its Subsidiaries and their representatives and, to Licensor’s Knowledge, all prior owners of any Company Patent have (1) complied with the duty of candor and disclosure to the United States Patent and Trademark Office and equivalent Governmental Authority anywhere in the world with respect to the Company Patents; (2) not misrepresented or failed to disclose any fact or circumstance (including the name of any inventor of subject matter claimed in any Company Patent or the existence of any prior art) in connection with the prosecution of any Company Patent; and (3) not otherwise engaged in any conduct, or failed to perform any act, the result of which could reasonably be expected to materially adversely affect the validity or enforceability of any Company Patent.
(C) To Licensor’s Knowledge, no fact or circumstance exists that could reasonably be expected to adversely affect the validity or enforceability of any Company Patent.
Validity and Enforcement. 1. This Agreement, whether the original or a copy of the original shall be deemed in full effect and enforceable, if the copy has not been altered.
2. Both parties also agree that if either party forgets to initial each page or input date or print/spell their name then that act shall not void this Agreement.
Validity and Enforcement. 1. This Agreement, whether the original or a copy of the original shall be deemed in full effect and enforceable, as long as the copy has not been altered.
