Common use of Waiver; Severability Clause in Contracts

Waiver; Severability. The waiver by either Party of a breach of or a default under this Agreement will not be effective unless in writing. The failure by either Party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 10 contracts

Samples: Software License and Service Agreement, Software License and Service Agreement, Software License and Service Agreement

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Waiver; Severability. The waiver by either Party party of a breach of or a default under this Agreement will not be effective unless in writing. The failure by either Party party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 10 contracts

Samples: Outcold Solutions Software License Agreement, Intelie Live Software End User License Agreement, Outcold Solutions Software License Agreement

Waiver; Severability. The Any waiver by either Party of a any default or breach of or a default under this Agreement will not be effective unless in writing. The failure by either Party to enforce any provisions of this Agreement will not constitute shall be effective only if in writing and signed by an authorized representative of the party providing the waiver. No such waiver shall be deemed to be a waiver of any other right hereunder or of any subsequent enforcement of that breach or any other provisionsdefault. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceableis held to be invalid, the remaining provisions portions of the this Agreement will shall remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by lawforce.

Appears in 3 contracts

Samples: Master Agency Agreement, Master Agency Agreement, Master Agency Agreement

Waiver; Severability. The waiver by either Party party of a any breach of or a default right under this Agreement will not must be effective unless in writing. The failure by either Party to enforce writing and any provisions of this Agreement such waiver will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that breach or any other provisionsright. If a court of competent jurisdiction holds any provision of this Agreement is found to be invalid or unenforceableunenforceable by a court of competent jurisdiction, that provision will be severed from the remaining provisions remainder of the Agreement this Agreement, which will remain in full force and effect, and effect unless enforcement of this Agreement without the provision affected will invalid or unenforceable clause would be construed so as to be enforceable to grossly inequitable under the maximum extent permissible by lawcircumstances or would frustrate the primary purpose of this Agreement.

Appears in 2 contracts

Samples: Renewal License Agreement, Program License Agreement

Waiver; Severability. The waiver by either Party party of a breach of or a default under this Agreement will not be effective unless in writing. The failure by either Party party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 2 contracts

Samples: Software License and Service Agreement, Software License Agreement

Waiver; Severability. The waiver by either Party party of a any breach of or a default right under this Agreement will not must be effective unless in writing. The failure by either Party to enforce writing and any provisions of this Agreement such waiver will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that breach or any other provisionsright. If a court of competent jurisdiction holds any provision of this Agreement is found to be invalid or unenforceableunenforceable by a court of competent jurisdiction, tha t provision will be severed from the remaining provisions remainder of the Agreement this Agreement, which will remain in full force and effect, and effect unless enforcement of this Agreement without the provision affected will invalid or unenforceable clause would be construed so as to be enforceable to grossly inequitable under the maximum extent permissible by lawcircumstances or would frustrate the primary purpose of this Agreement.

Appears in 1 contract

Samples: prescan.monsoonworks.com

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Waiver; Severability. The waiver by either Party party of a breach of or a default under this Agreement will not be effective unless in writing. , The failure by either Party party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 1 contract

Samples: Time and Materials Services Agreement

Waiver; Severability. The waiver by either Party party of a breach of or a default under this License Agreement will not be effective unless in writing. The failure by either Party party to enforce any provisions of this License Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this License Agreement invalid or unenforceable, the remaining provisions of the License Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 1 contract

Samples: Software License Agreement

Waiver; Severability. The An effective waiver under this Agreement must be in writing signed by the party waiving its right. A waiver by either Party party of a breach any instance of the other party's noncompliance with any obligation or a default responsibility under this Agreement will not be effective unless deemed a waiver of subsequent instances. If any term in writing. The failure this Agreement is found by either Party competent judicial authority to enforce be unenforceable in any provisions respect, the validity of the remainder of this Agreement will be unaffected, provided that such unenforceability does not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of materially affect the parties' rights under this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by lawAgreement.

Appears in 1 contract

Samples: Cinsay Platform License Agreement (BMC Capital, Inc.)

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