Severability; Waiver. Should any part of this Agreement judicially be declared to be invalid, unenforceable, or void by any court of competent jurisdiction, the parties agree that the part or parts of this Agreement so held to be invalid, unenforceable, or void shall be reformed by such court without further action by the parties hereto but only to the extent necessary to make such part or parts valid and enforceable. A waiver by either of the parties hereto of any of the covenants to be performed by the other party or any breach thereof shall not be effective unless made in writing and signed by the waiving party and shall not be construed to be a waiver of any succeeding breach thereof or of any covenant herein contained.
Appears in 12 contracts
Samples: Transmission Protection License Agreement, Protection License Agreement, Transmission Protection License Agreement
Severability; Waiver. Should If any part Section in this Agreement shall be determined to be partially void or unenforceable by any court or body of competent jurisdiction or by virtue of any relevant legislation , that section shall be void or unenforceable to that extent only and no further, and the validity and enforceability of the other Sections of this Agreement judicially be declared to be invalidshall remain in full force and effect. No waiver , unenforceable, neglect or void by forbearance of any court of competent jurisdiction, the parties agree that the part or parts of right under this Agreement so held to be invalid, unenforceable, or void shall be reformed by such court without further action by the parties hereto but only to the extent necessary to make such part or parts valid and enforceable. A deemed a waiver by either of the parties hereto of any of the covenants to be performed by the other party or any breach thereof shall not be effective unless made contained in writing and signed by a duly authorized representative of the waiving party Party purporting to make the waiver, and no waiver of any past or present right arising from any breach or failure to perform shall not be construed deemed to be a waiver of any succeeding breach thereof or of any covenant herein containedfuture right arising under this Agreement.
Appears in 8 contracts
Samples: General Terms and Conditions for Subscription Services, General Terms and Conditions for Subscription Services, General Terms and Conditions for Subscription Services
Severability; Waiver. Should any part of this Agreement judicially be declared to be invalid, unenforceable, or void by any court of competent jurisdictionvoid, the parties Parties agree that the part or parts of this Agreement so held to be invalid, unenforceable, or void shall be reformed by such court the entity having jurisdiction thereover without further action by the parties Parties hereto but and only to the extent necessary to make such part or parts valid and enforceable. A waiver by either any of the parties Parties hereto of any of the covenants or promises to be performed by the other party Party(ies) or any breach thereof shall not be effective unless made in writing and signed by the waiving party Party and shall not be construed to be a waiver of any succeeding breach thereof or of any covenant herein contained.
Appears in 8 contracts
Samples: Content Participant Agreement, Aacs Content Provider Agreement, Access Content System
Severability; Waiver. Should any part of this Agreement judicially be declared to be invalid, unenforceable, or void by any court of competent jurisdictionvoid, the parties Parties agree that the part or parts of this Agreement so held to be invalid, unenforceable, or void shall be reformed by such court the entity having jurisdiction thereof without further action by the parties Parties hereto but and only to the extent necessary to make such part or parts valid and enforceable. A waiver by either of the parties Parties hereto of any of the covenants to be performed by the other party Party or any breach thereof shall not be effective unless made in writing and signed by the waiving party Party and shall not be construed to be a waiver of any succeeding breach thereof or of any covenant herein contained.
Appears in 5 contracts
Samples: Content Participant Agreement, Content Participant Agreement, Content Participant Agreement
Severability; Waiver. Should any part of this Agreement judicially be declared to be invalid, unenforceable, or void by any court of competent jurisdictionvoid, the parties Parties agree that the part or parts of this Agreement so held to be invalid, unenforceable, or void shall be reformed by such court the entity having jurisdiction thereover without further action by the parties hereto but Parties and only to the extent necessary to make such part or parts valid and enforceable. A No waiver by either of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the parties hereto of any of the covenants to be performed by the other party same or any breach thereof shall not other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party and shall not be construed to be a waiver of any succeeding breach thereof or of any covenant herein containedParty.
Appears in 3 contracts
Samples: Digital Rights Management Provider Agreement, Media Format Specification Agreement for Implementation, Rand Agreement
Severability; Waiver. Should any part of this Interim Agreement judicially be declared to be invalid, unenforceable, or void by any court of competent jurisdictionvoid, the parties Parties agree that the part or parts of this Interim Agreement so held to be invalid, unenforceable, or void shall be reformed by such court the entity having jurisdiction thereover without further action by the parties Parties hereto but and only to the extent necessary to make such part or parts valid and enforceable. A waiver by either any of the parties Parties hereto of any of the covenants or promises to be performed by the other party Party or any breach thereof shall not be effective unless made in writing and signed by the waiving party Party and shall not be construed to be a waiver of any succeeding breach thereof or of any covenant herein contained.
Appears in 2 contracts
Severability; Waiver. Should In the event that any part or parts of this Agreement is (are) judicially be declared to be invalid, unenforceable, or void by any court of competent jurisdictionvoid, the parties agree that the such part or parts of this Agreement so held to be invalid, unenforceable, or void shall be reformed by such court the entity having jurisdiction thereover without further action by the parties hereto but and only to the extent necessary to make such part or parts valid and enforceable. A waiver by either of the parties hereto of any of the covenants to be performed by the other party or any breach thereof of this Agreement shall not be effective unless made in writing and signed by the waiving party and shall not be construed to be a waiver of any succeeding breach thereof or of any covenant herein contained.
Appears in 2 contracts
Samples: Parties Confidentiality Agreement, HDCP License Agreement
Severability; Waiver. Should any part of this Interim Agreement judicially be declared to be invalid, unenforceable, or void by any court of competent jurisdictionvoid, the parties agree that the part or parts of this Interim Agreement so held to be invalid, unenforceable, or void shall be reformed by such court the entity having jurisdiction thereover without further action by the parties hereto but and only to the extent necessary to make such part or parts valid and enforceable. A waiver by either any of the parties hereto of any of the covenants or promises to be performed by the other party parties or any breach thereof shall not be effective unless made in writing and signed by the waiving party Party and shall not be construed to be a waiver of any succeeding breach thereof or of any covenant herein contained.
Appears in 1 contract
Samples: Adopter Agreement
Severability; Waiver. Should any part Any provision of this Agreement judicially be declared which is held to be invalidinvalid or unenforceable by a court in any jurisdiction shall, unenforceable, or void by any court of competent as to such jurisdiction, be severed from this Agreement and ineffective to the parties agree that extent of such invalidity or unenforceability without invalidating the part remaining portions hereof or parts affecting the validity or enforceability of such provision in any other jurisdiction. Failure by either party hereto to enforce any term of this Agreement so shall not be held to be invalida waiver of such term nor prevent enforcement of such term thereafter, unenforceable, or void shall be reformed by such court without further action by the parties hereto but only unless and to the extent necessary to make such part or parts valid and enforceable. A waiver by either of the parties hereto of any of the covenants to be performed by the other party or any breach thereof shall not be effective unless made expressly set forth in a writing and signed by the waiving party and shall not be construed to be a waiver of any succeeding breach thereof or of any covenant herein containedcharged with such waiver.
Appears in 1 contract
Samples: Content Use Agreement
Severability; Waiver. Should any part of this Agreement judicially be declared to be invalid, unenforceable, or void by any court of competent jurisdictionvoid, the parties Parties agree that the part or parts of this Agreement so held to be invalid, unenforceable, or void shall be reformed by such court the entity having jurisdiction thereover without further action by the parties Parties hereto but and only to the extent necessary to make such part or parts valid and enforceable. A waiver by either any of the parties Parties hereto of any of the covenants or promises to be performed by the other party Party(ies) or any breach thereof shall not be effective unless made in writing and signed by the waiving party Party and shall not be construed to be a waiver of any succeeding breach thereof or of any covenant herein contained.. Not for execution
Appears in 1 contract
Samples: Advanced Access Content System