Common use of Waiver; Modification; Severability Clause in Contracts

Waiver; Modification; Severability. A waiver, amendment, cancellation, or modification of this Agreement will be valid and effective only if it is in writing and signed by or on behalf of both parties to this Agreement. No delay or course of dealing by a party to this Agreement in exercising any right, power, or remedy under this Agreement will operate as a waiver of any right, power, or remedy of that party, except to the extent expressly manifested in writing by that party. The failure at any time of a party to require performance by the other party of any provision of this Agreement will in no way affect the party’s right thereafter to enforce the provision or this Agreement. In addition, the waiver by either party of a breach of any provision of this Agreement will not constitute a waiver of any succeeding breach of the provision or a waiver of the provision itself. Whenever possible, each provision of this Agreement should be construed and interpreted so that it is valid and enforceable under applicable law on the effective date of this Agreement. If a court determines that the severance compensation benefit set forth in this Agreement is invalid or unenforceable under applicable law, Executive and the Company stipulate that the court may reduce the amount of the severance compensation benefit to the extent necessary (but only to that extent) to make it valid and enforceable by Executive.

Waiver; Modification; Severability. A waiver, discharge, amendment, cancellation, or modification of this Agreement will be valid and effective only if it evidenced by a writing that is in writing and signed by or on behalf of both parties to this AgreementEmployer and Executive. No delay or course of dealing by a party to this Agreement in exercising any right, power, or remedy under this Agreement will operate as a waiver of any right, power, or remedy of that party, except to the extent expressly manifested in writing by that party. The failure at any time of a either party to require performance by the other party of any provision of this Agreement will in no way affect the party’s right thereafter to enforce the provision or this Agreement. In addition, the waiver by either a party of a breach of any provision of this Agreement will not constitute a waiver of any succeeding breach of the provision or a waiver of the provision itself. Whenever possible, each provision of this Agreement should be construed and interpreted so that it is valid and enforceable under applicable law on the effective date of this Agreementlaw. If a court determines that the severance compensation benefit set forth in a provision of this Agreement is invalid unenforceable, that provision will be deemed separable from the remaining provisions of this Agreement and will not affect the validity, interpretation, or unenforceable under applicable law, Executive and the Company stipulate that the court may reduce the amount effect of the severance compensation benefit other provisions of this Agreement or the application of that provision to the extent necessary (but only other circumstances to that extent) to make which it valid and enforceable by Executiveis enforceable.

Waiver; Modification; Severability. A waiver, discharge, amendment, cancellation, or modification of this Agreement will be valid and effective only if it evidenced by a writing that is in writing and signed by or on behalf of both parties to this AgreementEmployer and Executive. No delay or course of dealing by a party to this Agreement in exercising any right, power, or remedy under this Agreement will operate as a waiver of any right, power, or remedy of that party, except to the extent expressly manifested in writing by that party. The failure at any time of a either party to require performance by the other party of any provision of this Agreement will in no way affect the party’s right thereafter to enforce the provision or this Agreement. In addition, the waiver by either a party of a breach of any provision of this Agreement will not constitute a waiver of any succeeding breach of the provision or a waiver of the provision itself. Whenever possible, each provision of this Agreement should be construed and interpreted so that it is valid and enforceable under applicable law on the effective date of this Agreementlaw. If a court determines that a provision of this Agreement is unenforceable, that provision will be deemed separable from the severance remaining provisions of this Agreement and will not affect the validity, interpretation, or effect of the other provisions of this Agreement or the application of that provision to other circumstances to which it is enforceable, except Employer is not obligated to pay or perform any post-termination compensation benefit owed to Executive, if any of the restrictive covenants set forth in section 10 of this Agreement is are held to be invalid or unenforceable under applicable law, Executive and the Company stipulate that the court may reduce the amount of the severance compensation benefit to the extent necessary (but only to that extent) to make it valid and enforceable by Executiveunenforceable.

Waiver; Modification; Severability. A waiver, discharge, amendment, cancellation, or modification of this Agreement will be valid and effective only if it 1A-6-105 evidenced by a writing that is in writing and signed by or on behalf of both parties to this AgreementEmployer and Executive. No delay or course of dealing by a party to this Agreement in exercising any right, power, or remedy under this Agreement will operate as a waiver of any right, power, or remedy of that party, except to the extent expressly manifested in writing by that party. The failure at any time of a either party to require performance by the other party of any provision of this Agreement will in no way affect the party’s right thereafter to enforce the provision or this Agreement. In addition, the waiver by either a party of a breach of any provision of this Agreement will not constitute a waiver of any succeeding breach of the provision or a waiver of the provision itself. Whenever possible, each provision of this Agreement should be construed and interpreted so that it is valid and enforceable under applicable law on the effective date of this Agreementlaw. If a court determines that the severance compensation benefit set forth in a provision of this Agreement is invalid unenforceable, that provision will be deemed separable from the remaining provisions of this Agreement and will not affect the validity, interpretation, or unenforceable under applicable law, Executive and the Company stipulate that the court may reduce the amount effect of the severance compensation benefit other provisions of this Agreement or the application of that provision to the extent necessary (but only other circumstances to that extent) to make which it valid and enforceable by Executiveis enforceable.