Common use of Waiver; Severability Clause in Contracts

Waiver; Severability. The waiver or breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach of the same or any other term or condition. If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties as expressed herein.

Appears in 49 contracts

Samples: Advertising Agreement, Contract Agreement, Advertising Contract

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Waiver; Severability. The No waiver or of any breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any other prior, concurrent or subsequent breach of the same such provision or any other term or conditionprovisions hereof and no waiver shall be effective unless made in writing. If The paragraphs and provisions of this Agreement are severable. In the event that any provision of this Agreement is found shall be determined to be illegal or otherwise unenforceable, the remainder shall be enforced as fully as possible and the unenforceable such provision shall be deemed modified to severed and the limited extent required to permit its enforcement in a manner most closely approximating the intention balance of the parties as expressed hereinAgreement shall continue in full force and effect.

Appears in 6 contracts

Samples: Settlement Agreement, Mediation Settlement Agreement, Mediation Settlement Agreement

Waiver; Severability. The Any waiver or breach of failure to enforce any provision of this Agreement shall on one occasion will not operate or be construed as deemed a waiver of any other breach provision or of the same or such provision on any other term or conditionoccasion. If any provision of this Agreement is found adjudicated to be unenforceable, such provision will be changed and interpreted to accomplish the remainder shall be enforced as fully as objectives of such provision to the greatest extent possible under applicable law and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement remaining provisions will continue in a manner most closely approximating the intention of the parties as expressed hereinfull force and effect.

Appears in 3 contracts

Samples: Terms of Service, RNDR Network Agreement, End User License Agreement

Waiver; Severability. The waiver or by the disclosing party of a breach of any provision of this Agreement by the recipient shall not operate or be construed as a waiver of any other or subsequent breach of the same or any other term or conditionby recipient. If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible held invalid or unenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and the unenforceable shall not affect or invalidate any other provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties as expressed hereinthis Agreement.

Appears in 3 contracts

Samples: Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement

Waiver; Severability. The waiver or Waiver by any party of any breach of any provision of this Agreement shall not operate be considered as, nor constitute a continuing waiver, breach or be construed as a waiver of cancellation of, any other breach of any provision of this Agreement. To the same or extent any other term or condition. If court of competent jurisdiction deems any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable such provision shall be deemed modified reduced or deleted to the limited minimum extent required to permit its enforcement necessary, but in a such manner most closely approximating that the intention remainder of the parties as expressed hereinAgreement remains in full force and effect.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement (Bridgepoint Education Inc), Software License Agreement (Bridgepoint Education Inc)

Waiver; Severability. The No waiver or of any breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any other prior, concurrent, or subsequent breach of the same such provision or any other term or conditionprovisions hereof and no waiver shall be effective unless made in writing. If The paragraphs and provisions of this Agreement are severable. In the event that any provision of this Agreement is found shall be determined to be illegal or otherwise unenforceable, the remainder shall be enforced as fully as possible and the unenforceable such provision shall be deemed modified to severed and the limited extent required to permit its enforcement in a manner most closely approximating the intention balance of the parties as expressed hereinAgreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Waiver; Severability. The waiver or breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach of the same or any other term or condition. If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties Parties as expressed herein.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Knight Ridder Inc), Partnership Interest Purchase Agreement (Knight Ridder Inc)

Waiver; Severability. The A waiver or breach by either party of any provision term or condition of this Agreement shall will not operate be deemed or be construed as a waiver of any other breach of the same or any other such term or condition, or of any subsequent breach thereof. If any provision of this Agreement is found determined by a court of competent jurisdiction to be unenforceable, the remainder such determination shall be enforced as fully as possible not affect any other provision hereof, and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner replaced by an enforceable provision that most closely approximating meets the intention commercial intent of the parties as expressed hereinparties.

Appears in 2 contracts

Samples: Creator Agreement, Artist Agreement

Waiver; Severability. The waiver or by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or any other term or conditiona different kind. If for any reason a court of competent jurisdiction finds any provision of this Agreement is found Agreement, or portion thereof, to be invalid, not legal or unenforceable, that provision of this Agreement will be enforced to the maximum extent legally permissible so as to effect the intent of the parties, and the remainder shall be enforced as fully as possible of this Agreement will continue in full force and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties as expressed hereineffect.

Appears in 2 contracts

Samples: Evaluation License Agreement, Evaluation License Agreement

Waiver; Severability. The No waiver or of any breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any other prior, concurrent or subsequent breach of the same such provision or any other term or conditionprovisions and no waiver shall be effective unless made in writing. If The paragraphs and provisions of this Agreement are severable. In the event that any provision of this Agreement is found shall be determined to be illegal or otherwise unenforceable, the remainder shall be enforced as fully as possible and the unenforceable such provision shall be deemed modified to severed and the limited extent required to permit its enforcement in a manner most closely approximating the intention balance of the parties as expressed hereinAgreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Waiver; Severability. The No waiver or breach of any provision breach of this Agreement shall not operate or be construed as constitute a waiver of any other breach of the same or any other term or conditionprovisions of this Agreement, and no waiver shall be effective unless granted in writing. If In the event that any provision of this Agreement is found to herein shall be illegal or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable such provision shall be deemed modified to severed from the limited extent required to permit its enforcement in a manner most closely approximating Agreement. The entire agreement shall not fail, but the intention balance of the parties as expressed hereinAgreement shall continue in full force and effect.

Appears in 2 contracts

Samples: Service Agreement, Facility Study Agreement

Waiver; Severability. The waiver or breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach of the same or any other term or condition. If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties as expressed herein.

Appears in 1 contract

Samples: Consulting Agreement (Gannett Co Inc /De/)

Waiver; Severability. The No waiver or of any breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any other prior, concurrent or subsequent breach of the same or of any other term or conditionprovisions hereof and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party. If any provision of this Agreement is found to be unenforceableinvalid, the remainder unenforceable or prohibited by law, this Agreement shall be enforced considered divisible as fully as possible to such provision and the unenforceable such provision shall be deemed modified to inoperative and the limited extent required to permit its enforcement in a manner most closely approximating the intention remainder of the parties this Agreement shall be valid, binding and of like effect as expressed though such provision was not included herein.

Appears in 1 contract

Samples: License Agreement

Waiver; Severability. The waiver or by either Party of a breach of any provision of this Agreement contained herein shall not operate or be in writing and shall in no way be construed as a waiver of any other subsequent breach of such provision or the same or any other term or conditionwaiver of the provision itself. If any provision of this Agreement is found to shall be held illegal or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable that provision shall be deemed modified limited or eliminated to the limited minimum extent required to permit its enforcement necessary so that this Agreement shall otherwise remain in a manner most closely approximating the intention of the parties as expressed hereinfull force and effect and enforceable.

Appears in 1 contract

Samples: Referral Agreement

Waiver; Severability. The Any waiver or breach of failure to enforce any provision of this the Agreement shall on one occasion will not operate or be construed as deemed a waiver of any other breach provision or of the same or such provision on any other term or conditionoccasion. If any provision portion of this Agreement is found to be held invalid or unenforceable, the remainder that portion shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement construed in a manner most closely approximating to reflect, as nearly as possible, the original intention of the parties as expressed hereinparties, and the remaining portions shall remain in full force and effect.

Appears in 1 contract

Samples: Terms of Use Agreement

Waiver; Severability. The waiver or by any Party of a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any other subsequent breach of the same or by any other term or conditionParty. If any term or provision of this Agreement is found or the application thereof to any person or circumstance shall, to the extent applicable, be invalid or unenforceable, the remainder of this Agreement and the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited fullest extent required to permit its enforcement in a manner most closely approximating the intention of the parties as expressed hereinpermitted by law.

Appears in 1 contract

Samples: Terms of Service

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