Common use of Construction; Severability; Waiver Clause in Contracts

Construction; Severability; Waiver. Each Party acknowledges that this agreement has been jointly drafted by the Parties and that it has not been induced to enter into this MSA by any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this MSA and agrees that it shall have no remedy in respect of the same. In the event that any provision of this MSA conflicts with the law under which this MSA is to be construed or if any provision is declared invalid by a court with jurisdiction over the Parties to this MSA, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. Each provision of this MSA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect. Failure of either Party to enforce any of the provisions of or its rights under this MSA, or the waiver thereof in any instance, shall not be construed as a general waiver or relinquishment of any rights.