Common use of Entire Agreement; Amendment; Severability Clause in Contracts

Entire Agreement; Amendment; Severability. This Agreement constitutes the entire agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written and oral, among the parties hereto with regard to the subject matter hereof. Neither this Agreement nor any term hereof may be amended except pursuant to a written instrument executed by the Company and CF&Co. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained herein shall not be affected or impaired thereby.

Appears in 14 contracts

Samples: Controlled Equity Offeringsm (Anworth Mortgage Asset Corp), Sales Agreement (Anworth Mortgage Asset Corp), Controlled Equity Offeringsm (Prologis)

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Entire Agreement; Amendment; Severability. This Agreement constitutes embodies the entire agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written and oral, among between the parties hereto with regard relative to the subject matter hereofhereof and there are no oral or other agreements existing between the parties relative to the subject matter hereof which are not expressly set forth herein and covered hereby. Neither this This Agreement nor any term hereof may be amended except pursuant to a written only by an instrument executed in writing signed by the Company and CF&Coparties hereto. In the event that The invalidity or unenforceability of any one term or more provision of the provisions contained herein, this Agreement or the non- application thereof in of such term or provision to any circumstanceperson or circumstance shall not impair or affect the remainder of this Agreement, is held invalid, illegal or unenforceable, the validity, legality and enforceability of any such provision in every its application to other respect persons and of circumstances and the remaining terms and provisions contained herein hereof shall not be affected or impaired therebyinvalidated but shall remain in full force and effect.

Appears in 2 contracts

Samples: Donation Agreement, Donation Agreement

Entire Agreement; Amendment; Severability. This Agreement (including all exhibits attached hereto) constitutes the entire agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written and oral, among the parties hereto with regard to the subject matter hereof. Neither this Agreement nor any term hereof may be amended except pursuant to a written instrument executed by the Company and CF&Cothe several Underwriters. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained herein shall not be affected or impaired thereby.

Appears in 2 contracts

Samples: Underwriting Agreement (Cephalon Inc), Underwriting Agreement (Cephalon Inc)

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Entire Agreement; Amendment; Severability. This Agreement constitutes the entire agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written and oral, among the parties hereto with regard to the subject matter hereof. Neither this Agreement nor any term hereof may be amended except pursuant to a written instrument executed by the Company and CF&Cothe Sales Manager. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained herein shall not be affected or impaired thereby.

Appears in 1 contract

Samples: Prologis

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