Common use of Conflicts and Severability Clause in Contracts

Conflicts and Severability. In the event of any conflict between the terms and provisions of this Escrow Agreement and those of the Stock Purchase Agreement, the terms and conditions of this Escrow Agreement shall control. If any provision of this Escrow Agreement is determined to be prohibited or unenforceable by reason of any applicable law of a jurisdiction, then such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof, and any such prohibition or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction. Where, however, the conflicting provisions of any such applicable law may be waived, they are hereby irrevocably waived by the parties hereto to the fullest extent permitted by law, to the end that this Escrow Agreement shall be enforced as written.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Curon Medical Inc), Stock Purchase Agreement (Curon Medical Inc)

Conflicts and Severability. In the event of any conflict between the terms and provisions of this Escrow Agreement and those of the Stock Purchase Merger Agreement, the terms and conditions of this Escrow Agreement shall control. If any provision provisions of this Escrow Agreement is determined to be prohibited or unenforceable by reason of any applicable law of a jurisdiction, jurisdiction then such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof, and any such prohibition or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction. Where, however, the conflicting provisions of any such applicable law may be waived, they are hereby irrevocably waived by the parties hereto to the fullest extent permitted by law, to the end that this Escrow Agreement shall be enforced as written.

Appears in 2 contracts

Sources: Escrow Agreement (Blue Earth, Inc.), Escrow Agreement (Genesis Fluid Solutions Holdings, Inc.)