ASSIGNMENT/WAIVER/SEVERABILITY. No rights or responsibilities required or authorized by this Agreement can be assigned by any party hereto unless otherwise allowed in this Agreement. No provision of this Agreement, or the right to receive reasonable performance or any act called for by its terms, shall be deemed waived by a breach thereof as to a particular transaction or occurrence. If any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable.
ASSIGNMENT/WAIVER/SEVERABILITY. HEADINGS Rights or responsibilities required or authorized by this Agreement are not assignable by the parties. No provision of this Agreement or right to receive reasonable performance or any act called for by its terms shall be deemed waived by breach thereof as to a particular transaction or occurrence. If any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this agreement, which can be given effect without the invalid term, condition, or application; to this extent, the terms and conditions of this agreement are declared severable. The headings of each of these sections are provided only to guide the reader and shall not be used to change the meaning of the content of any of said sections.
ASSIGNMENT/WAIVER/SEVERABILITY. HEADINGS No rights or responsibilities required or authorized by this Agreement can be assigned by any party hereto. No provision of this Agreement or right to receive reasonable performance or any act called for by its terms shall be deemed waived by breach thereof as to a particular transaction or occurrence. If any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application; to this extent, the terms and conditions of this Agreement are declared severable. The headings of each of these sections are provided only to guide the reader and shall not be used to change the meaning of the content of any of said sections. By signing this Agreement, the parties acknowledge that they have read and understood this Agreement, including any supplements or attachments thereto and do agree thereto in every particular. The parties further agree that this Agreement, together with any appendices, constitutes the entire Agreement between the parties and supersedes all communications, written or oral, theretofore related to the subject matter of this Agreement. By signing below, each party affirms that this Agreement has been approved by his/her board of directors or he/she has been given authority by such board to enter into this Agreement. A copy of authorizing school board minutes or resolution, as appropriate, will be attached hereto. Board Approval Date N/A OR L.H. Resolution number See_Dec 2020 Meeting Minutes_ and date delegation of authority to sign interlocal agreements. 12/17/2020 , of board Northwest Educational Service District 189 Nooksack Valley School District E-SIGNED by Xxxxx Xxxxxxxx By: on 2021-03-29 10:42:32 PDT Signature E-SIGNED by Xxxx Xxxxxxx By: on 2021-03-29 10:10:57 PDT Signature Title: Superintendent Title: Superintendent Date: March 29, 2021 Date: March 29, 2021
ASSIGNMENT/WAIVER/SEVERABILITY. Neither party hereto shall assign, delegate, or transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, which such consent shall not be unreasonably withheld, except that either party may assign or delegate its rights or obligations hereunder to an Affiliate without the other party’s consent. As used herein, the term “Affiliate” shall mean any entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with the entity specified. Hallite may terminate this Agreement upon written notice to Seller without any further liability to Seller if there is a change of control of Seller. The Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior oral or written representations or agreements by the parties with respect to the subject matter of this Agreement. Except as authorized in Section 1, neither the Agreement nor any of its provisions may be modified, amended or waived, whether orally, through the parties’ course of performance, course of dealing or course of conduct, or manifested in any other way, unless in writing and signed by authorized representatives of both parties. It is the express intention of the parties that such requirement for written modifications, amendments or waivers be strictly enforced notwithstanding judicial president or statutory provisions to the contrary. Any provision found invalid or unenforceable will not affect the validity or enforceability of any other provision and the invalid provision may be judicially modified to the extent enforceable. The failure of Hallite to insist in any one or more instances, upon the performance of the Agreement or the failure of Hallite to exercise any of its rights hereunder shall not be construed as a waiver or relinquishment of any such terms, conditions or rights and shall not effect Hallite’s right to insist on strict performance and compliance with regard to any future performance of the Agreement.
ASSIGNMENT/WAIVER/SEVERABILITY. Neither party may assign this Agreement without the prior written consent of the other party. Failure by either party to enforce any term hereof shall not be deemed a waiver of future enforcement of that or any other term. If any provision of this Agreement is declared void or unenforceable by any judicial, administrative or arbitration authority, such action will not nullify the remaining provisions of this Agreement.
ASSIGNMENT/WAIVER/SEVERABILITY. Buyer shall have the right to transfer, sell or assign its rights and obligations hereunder upon written notice to the Seller. Seller shall not transfer, sell or assign this PO or any part thereof without the prior written consent of Buyer. Failure of Buyer to insist on strict performance of any provisions herein or to exercise any right herein will not be construed as a waiver, modification or relinquishment of the performance of such provision or right(s), or of the right to subsequently demand such strict performance or exercise such right(s), and all such rights will continue unchanged and remain in full force and effect. If any provision or any covenant herein is held void, voidable, invalid or inoperative by Order of any court of competent jurisdiction, no other provision or other covenant will be affected as a result thereof, and, accordingly, the remaining provisions and covenants will remain in full force and effect.
ASSIGNMENT/WAIVER/SEVERABILITY. HEADINGS No rights or responsibilities required or authorized by this Agreement can be assigned by any party hereto. No provision of this Agreement or right to receive reasonable performance or any act called for by its terms shall be deemed waived by breach thereof as to a particular transaction or occurrence. If any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application; to this extent, the terms and conditions of this Agreement are declared severable. The headings of each of these sections are provided only to guide the reader and shall not be used to change the meaning of the content of any of said sections. By signing this Agreement, the parties acknowledge that they have read and understood this Agreement, including any supplements or attachments thereto and do agree thereto in every particular. The parties further agree that this Agreement, together with any appendices, constitutes the entire Agreement between the parties and supersedes all communications, written or oral, theretofore related to the subject matter of this Agreement. By signing below, each party affirms that this Agreement has been approved by his/her board of directors or he/she has been given authority by such board to enter into this Agreement. A copy of authorizing school board minutes or resolution, as appropriate, will be attached hereto. Board Approval Date OR Resolution number n/a 4/27/2021 _ and date n/a , of board M.B. delegation of authority to sign interlocal agreements. Northwest Educational Service District 189 Xxxxxxxxxx School District E-SIGNED by Xxxxx Xxxxxxxx By: on 2021-05-11 15:32:25 PDT Signature E-SIGNED by Xxxx Xxxxx By: on 2021-05-11 15:24:57 PDT Signature Title: Superintendent Title: Superintendent Date: May 11, 2021 Date: May 11, 2021
ASSIGNMENT/WAIVER/SEVERABILITY. Neither Party may assign this Agreement without the prior written consent of the other Party except that either Party may assign this Agreement to a successor in interest to substantially all of its assets upon prior written notice to the other Party. All rights and remedies conferred under this Agreement or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Failure by either Party to enforce any term hereof shall not be deemed a waiver of future enforcement of that or any other term. If any provision of this Agreement is declared void or unenforceable by any judicial, administrative or arbitration authority, such action will not nullify the remaining provisions of this Agreement.
ASSIGNMENT/WAIVER/SEVERABILITY. No rights or responsibilities required or authorized by this Agreement can be assigned by any party hereto unless otherwise allowed by this Agreement. DocuSign Envelope ID: 3B32A4D5-4970-4EF0-A567-332BD5211A28 No provision of this Agreement, or the right to receive reasonable performance or any act called for by its terms, shall be deemed waived by a breach thereof as to a particular transaction or occurrence. If any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement, which can be given effect without the invalid term, conditions, or application. The terms and conditions of this Agreement are declared severable.
ASSIGNMENT/WAIVER/SEVERABILITY. No rights or responsibilities required or authorized by this Agreement can be assigned by any party hereto unless otherwise allowed in this Agreement. No provision of this Agreement, or the right to receive reasonable performance or any act called for by its terms, shall be deemed waived by a breach thereof as to a particular transaction or occurrence. If any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable. DocuSlgn Envelope ID: 6A7230F1-2193-4890-B347-BA31113FEB9A Snohomish Discovery Program
