Waiver and Severability. The waiver by either party of a breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.
Appears in 10 contracts
Samples: Consulting Agreement (Angion Biomedica Corp.), Consulting Agreement (Angion Biomedica Corp.), Consulting Agreement (Angion Biomedica Corp.)
Waiver and Severability. The waiver by either party of a breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be invalid, illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties heretoregulation, such invalidity, illegality or unenforceability shall not affect the validity and validity, legality or enforceability of the other provisions of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Chadmoore Wireless Group Inc), Employment Agreement (Chadmoore Wireless Group Inc), Employment Agreement (Chadmoore Wireless Group Inc)
Waiver and Severability. The An individual waiver by either party of a breach of any terms or conditions provision of this Agreement requires the consent of the party whose rights are being waived and such waiver shall not operate or be construed as constitute a subsequent waiver of any subsequent breach by such partyother breach. In the event that If a court of competent jurisdiction declares any one or more of the provisions provision of this Agreement shall be declared to be illegal invalid or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties heretounenforceable, such illegality or unenforceability judgment shall not affect invalidate or render unenforceable the validity and enforceability remainder of the other provisions Agreement, provided the basic purposes of this AgreementAgreement are achieved through the provisions remaining herein.
Appears in 6 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Waiver and Severability. The waiver by either party of a any default or breach of any terms or conditions of this Agreement shall not operate or be construed as constitute a waiver of any other or subsequent breach by such partydefault or breach. In the event that any one provision of this Agreement is determined to be invalid or more unenforceable by a court of competent jurisdiction, then the other provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity continue in full force and enforceability of the other provisions of this Agreementeffect.
Appears in 4 contracts
Samples: Acquia Certification Program Agreement, Examination Agreement, Examination Agreement
Waiver and Severability. The waiver by either party Party of a breach of any terms or conditions of right under this Agreement shall will not operate or be construed as constitute a waiver of any other or subsequent breach by such partyor right. In the event that If any one or more of the provisions provision of this Agreement shall is found unenforceable, it and any related provisions will be declared interpreted to be illegal or best accomplish the unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.provision’s essential purpose
Appears in 3 contracts
Samples: Cloud Subscription Agreement, Cloud Subscription Agreement, Master on Premise License Agreement
Waiver and Severability. A. The waiver by either party of a breach of any terms or conditions provision of this Agreement shall not operate or be construed as a waiver of the same or any subsequent other breach by such party. In the event that any one or more either of the provisions parties to this Agreement, whether prior or subsequent.
B. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remainder of this Agreement shall not thereby be declared affected, and this Agreement shall be deemed to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over amended to the parties hereto, extent necessary to delete such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreementprovision.
Appears in 3 contracts
Samples: Non Qualified Stock Option Agreement (Xm Satellite Radio Inc), Non Qualified Stock Option Agreement (Xm Satellite Radio Holdings Inc), Non Qualified Stock Option Agreement (Xm Satellite Radio Holdings Inc)
Waiver and Severability. The (a) A waiver by either party of a breach or default under this Agreement shall not be a waiver of any terms other breach or conditions default. Failure or delay by a party to enforce compliance with any term or condition of this Agreement shall not operate or be construed as constitute a waiver of such terms or conditions.
(b) If any subsequent breach by such party. In the event that any one or more of the provisions of provision contained in this Agreement shall should be declared held by a court of competent jurisdiction to be invalid, illegal or unenforceable under in any lawrespect, rule or regulation of any government having jurisdiction over the parties heretovalidity, such illegality or unenforceability shall not affect the validity legality and enforceability of the other remaining provisions of this Agreementcontained herein shall not in any way be affected or impaired thereby.
Appears in 3 contracts
Samples: Shareholder Services Agreement (Tributary Funds, Inc.), Shareholder Services Agreement (GMO Series Trust), Shareholder Services Agreement (MetLife Investment Funds, Inc.)
Waiver and Severability. The A waiver by either party of a breach of any terms breach or conditions provision of this Agreement shall only be effective if it is made in writing and signed by an authorized representative of the Party who is waiving the breach or provision. Any waiver so given will not operate or be construed as deemed a waiver of that provision or any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability and shall not affect the validity and enforceability of the any other provisions term of this Agreement.. To
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Waiver and Severability. The waiver by either party of ----------------------- a breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (American Electromedics Corp), Employment Agreement (American Electromedics Corp)
Waiver and Severability. The waiver by either party of a breach of any terms or conditions of right under this Agreement shall will not operate or be construed as constitute a waiver of any subsequent breach by such partyor right. In the event that If any one or more of the provisions provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over severed from the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions remainder of this Agreement, which will otherwise remain in full force and effect.
Appears in 1 contract
Samples: Terms of Use
Waiver and Severability. The Any waiver by either party of a breach of any terms or conditions provision of this Agreement Agreement, or a failure to enforce any breach, shall not operate or be construed as to be a waiver of any subsequent breach by such party. In the event that any one or more of the provisions other provision of this Agreement shall be declared or a future waiver, unless that intent is expressly stated in writing. If any section, sentence or clause of this Agreement is judged to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties heretounenforceable, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions remainder of this Agreement.
Appears in 1 contract
Samples: Air Ambulance Services Agreement (Elite Flight Solutions Inc)
Waiver and Severability. The (a) A waiver by either party of a breach or default under this Agreement shall not be a waiver of any terms other breach or conditions default. Failure or delay by a party to enforce compliance with any term or condition of this Agreement shall not operate or be construed as constitute a waiver of such term or condition.
(b) If any subsequent breach by such party. In the event that any one or more of the provisions provision of this Agreement shall be declared held by a court of competent jurisdiction to be illegal illegal, invalid or unenforceable under any lawunenforceable, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability remaining provisions shall not affect the validity remain in full force and enforceability of the other provisions of this Agreementeffect.
Appears in 1 contract
Waiver and Severability. The waiver by either party of a ----------------------- breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Equidyne Corp)
Waiver and Severability. The waiver by either ----------------------- party of a breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.
Appears in 1 contract
Waiver and Severability. The waiver by either party of a any default or ----------------------- breach of any terms or conditions of this Agreement shall not operate or be construed as constitute a waiver of any subsequent breach by such partyother default or breach. In the event that Unenforceability or invalidity of any one or more of the provisions provision of this Agreement shall be declared to be illegal or not render this Agreement unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreementas a whole.
Appears in 1 contract
Samples: Corporate License and Services Agreement (Loislaw Com Inc)
Waiver and Severability. (1) The waiver by either party of a breach of any terms or conditions provision of this Agreement shall not operate or be construed as a waiver of the same or any subsequent other breach by such party. In the event that any one or more either of the provisions parties to this Agreement, whether prior or subsequent.
(2) If any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remainder of this Agreement shall not thereby be declared affected, and this Agreement shall be deemed to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over amended to the parties hereto, extent necessary to delete such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreementprovision.
Appears in 1 contract
Waiver and Severability. The No waiver by either party of a breach of any terms or conditions breach of this Agreement shall not operate or be construed as constitute a waiver of any subsequent other breach by such party. In the event that any one or more of the provisions same or any other provision of this Agreement, and no waiver shall be effective unless made in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be severed and the remainder of this Agreement shall continue in full force and effect. Unless stated otherwise, all remedies provided for in this Agreement shall be declared cumulative and in addition to be illegal or unenforceable under and not in lieu of any other remedies available to either party at law, rule in equity, or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreementotherwise.
Appears in 1 contract
Samples: Professional Services Agreement (Rg Global Lifestyles Inc)
Waiver and Severability. The A waiver by either party of a breach of any terms or conditions breach of this Agreement shall is effective only if in writing and signed by the party against whom the waiver is sought to be enforced. The waiver of any breach does not operate or be construed as constitute a waiver of any subsequent breach by such partybreach. In the event that If any one provision, or more of the provisions any portion thereof, of this Agreement shall be declared is held to be illegal invalid, illegal, or unenforceable under any lawunenforceable, rule in whole or regulation of any government having jurisdiction over the parties heretoin part, such illegality or unenforceability invalidity shall not affect the validity any otherwise valid provision and enforceability of the all other valid provisions of this Agreementshall remain in full force an effect.
Appears in 1 contract
Samples: Professional Services
Waiver and Severability. The No waiver by either party of a any breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such partybreach. In the event that The invalidity of unenforceability of any one or more of the provisions provision of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and of enforceability of the any other provisions provision of this Agreement.
Appears in 1 contract
Samples: Charter Agreement
Waiver and Severability. The waiver by either party of a breach violation of any terms or conditions provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach by such party. In the event that any one or more of the same or other provisions hereof. If any provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall be declared valid and enforceable to be illegal or unenforceable under any the fullest extent permitted by law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.
Appears in 1 contract
Samples: Subcontractor Agreement
Waiver and Severability. The An individual waiver by either party of a breach of any terms or conditions provision of this Agreement requires the consent of the Party whose rights are being waived and such waiver shall not operate or be construed as constitute a subsequent waiver of any subsequent breach by such partyother breach. In the event that If a court of competent jurisdiction declares any one or more of the provisions provision of this Agreement shall be declared to be illegal invalid or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties heretounenforceable, such illegality or unenforceability judgment shall not affect invalidate or render unenforceable the validity and enforceability remainder of the other provisions Agreement, provided the basic purposes of this AgreementAgreement are achieved through the provisions remaining herein.
Appears in 1 contract
Samples: Master Services Agreement
Waiver and Severability. The waiver by either party of a ------------------------ breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Equidyne Corp)
Waiver and Severability. The waiver by either party of a breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be invalid, illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties heretoregula- tion, such invalidity, illegality or unenforceability shall not affect the validity and validity, legality or enforceability of the other provisions of this Agreement.
Appears in 1 contract