Severability. In granting cover to any INSURED, the INSURER has relied upon the proposal form and all statements and particulars therein or incorporated therein, together with any attachments, the COMPANY` s financial state- ments and other information supplied or requested. These forms, state- ments, particulars, attachments and information are the basis of cover and shall be considered incorporated into and constituting part of this policy. For the purposes of determining the availability of coverage under this policy, no fact pertaining to or knowledge possessed by one INSURED shall be imputed to any other INSURED PERSON. The LIMIT OF LIABILITY is the aggregate limit of the INSURER’ s liability for one and all insurance events occurring in the POLICY PERIOD, DIS- COVERY PERIOD in respect of all LOSS payable for all insurance covers and extensions, except the EXCESS SIDE A LIMIT OF LIABILITY and COUNSELLING SERVICE EXTENSION AMOUNT specified in POLICY. Each sublimit of liability specified in POLICY is an aggregate limit and is the maximum LOSS the INSURER will pay. Each sublimit of liability is part of and not in addition to the LIMIT OF LIABILITY. It shall be the duty of each INSURED to defend CLAIMS. In respect of CLAIMS brought or maintained against an INSURED by, on behalf of or at the instigation of the COMPANY, any INSURED, OUTSIDE ENTITY or its Directors or Officers outside the United States of America and/or Canada, its territories and possessions and any state or political subdivision thereof the INSURER shall have the right to control the investigation, defence and settlement of such CLAIMS. Any incurring of DEFENCE COSTS shall be subject to prior written appro- val by the INSURER, except as provided in Extension 2.2. Such approval shall not be unreasonably withheld or delayed. The INSURER will pay DEFENCE COSTS on behalf of the INSURED on an as incurred basis prior to final disposition or adjudication of any CLAIM. If at any time it is established not to be covered under this policy or is fo- und to be excluded under this policy or is found to be non-insurable under this policy then the respective INSURED or the POLICYHOLDER must return to the INSURER on demand all such DEFENCE COSTS. The INSURED shall assert all appropriate defences and cross claims for contribution, indemnity or damages. The INSURED shall not admit liability for or settle or attempt to settle any CLAIM without the written consent of the INSURER, such consent shall not be unreasonably with...
Severability. 10.1 The Parties agree that in case any term or provision in this Agreement is held to be illegal, invalid or unenforceable, such term or provision, if possible, will be enforced to the maximum permissible so as to reflect the intention of the Parties, and the legality, validity and enforceability of the remaining terms and provisions of this Agreement shall not in any way be affected or impaired thereby. Otherwise, the Parties will harmonize their rights and obligations in accordance with the newly created situation, through the annex to this Agreement.
Severability. In the event that one or more of the clauses provided for in this SUPPORT CONTRACT is deemed to be invalid or unenforceable, the remaining provisions shall remain entirely valid and applicable and the invalid or unenforceable provisions shall be substituted by provision which meet the economical and legal intent to the extent possible of the provisions held invalid or unenforceable.