Common use of Entire Agreement; Severability and Further Assurances Clause in Contracts

Entire Agreement; Severability and Further Assurances. Except as provided herein, this Agreement together with the Merger Agreement and all exhibits and schedules attached hereto constitute the entire agreement among the parties and supersede all prior and contemporaneous agreements and undertakings of the parties in connection herewith. No failure or delay of a party in exercising any right, power or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power or remedy preclude any other or further exercise of any right, power or remedy. In the event that any one or more of the provisions contained in this Agreement, shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by Law, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement. Each of the parties hereto shall, at the request of the other party, deliver to the requesting party all further documents or other assurances as may reasonably be necessary or desirable in connection with this Agreement.

Appears in 4 contracts

Samples: Non Competition Agreement (Websidestory Inc), Non Competition Agreement (Omniture, Inc.), Escrow Agreement (Websidestory Inc)

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Entire Agreement; Severability and Further Assurances. Except as provided herein, this This Agreement together with the Merger Agreement and all exhibits and schedules attached hereto constitute constitutes the entire agreement among the parties and supersede supersedes all prior and contemporaneous agreements and undertakings of the parties in connection herewith. No failure or delay of a party the Escrow Agent in exercising any right, power or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power or remedy preclude any other or further exercise of any right, power or remedy. In the event that If any one or more of the provisions contained in this Agreement, Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by Lawlaw, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement. Each of the parties hereto shall, at the request of the other party, deliver to the requesting party all further documents or other assurances as may reasonably be necessary or desirable in connection with this Agreement.

Appears in 1 contract

Samples: Share Purchase Agreement (Residential Capital, LLC)

Entire Agreement; Severability and Further Assurances. Except as provided herein, this Agreement together with the Merger This Agreement and all any exhibits and schedules attached hereto hereto, and the Merger Agreement constitute the entire agreement among the parties and supersede supersedes all prior and contemporaneous agreements and undertakings of the parties in connection herewith. No failure or delay of a party the Escrow Agent in exercising any right, power or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power or remedy preclude any other or further exercise of any right, power or remedy. In the event that any one or more of the provisions contained in this Agreement, Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by Lawlaw, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement. Each of the parties hereto shall, at the request of the any other party, deliver to the requesting party all further documents or other assurances as may reasonably be necessary or desirable in connection with this Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Grubb & Ellis Co)

Entire Agreement; Severability and Further Assurances. Except as provided herein, this Agreement together with the Merger This Agreement and all exhibits and schedules attached hereto hereto, along with the Merger Agreement, constitute the entire agreement among the parties and supersede all prior and contemporaneous agreements and undertakings in respect of the parties in connection herewithsubject matter hereof. No failure or delay of by a party in exercising any right, power or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power or remedy preclude any other or further exercise of any right, power or remedy. In the event that any one or more of the provisions contained in this Agreement, Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by Lawlaw, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement. Each of the parties hereto shall, at the request of the other party, deliver to the requesting party all further documents or other assurances as may reasonably be necessary or desirable in connection with to effect the intent and purposes of this Agreement.

Appears in 1 contract

Samples: Summary of Terms for Employment Agreement (STR Holdings (New) LLC)

Entire Agreement; Severability and Further Assurances. Except as provided herein, this Agreement together with the Merger This Agreement and all exhibits and schedules attached hereto constitute the entire agreement among the parties and supersede supersedes all prior and contemporaneous agreements and undertakings of the parties in connection herewith. No failure or delay of a party the Escrow Agent in exercising any right, power or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power or remedy preclude any other or further exercise of any right, power or remedy. In the event that any one or more of the provisions contained in this Agreement, Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by Lawlaw, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement. Each of the parties hereto shall, at the request of the other party, deliver to the requesting party all further documents or other assurances as may reasonably be necessary or desirable in connection with this Agreement.. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] Exhibit F

Appears in 1 contract

Samples: Membership Interests Purchase Agreement (Orion Marine Group Inc)

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Entire Agreement; Severability and Further Assurances. Except as provided herein, this Agreement together with the Merger This Agreement and all exhibits and schedules attached hereto constitute the entire agreement among the parties and supersede supersedes all prior and contemporaneous agreements and undertakings of the parties in connection herewith. No failure or delay of a party Escrow Agent in exercising any right, power or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power or remedy preclude any other or further exercise of any right, power or remedy. In the event that any one or more of the provisions contained in this Agreement, Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by Lawlaw, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement. Each of the parties hereto shall, at the request of the other party, deliver to the requesting party all further documents or other assurances as may reasonably be necessary or desirable in connection with this Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Buy Com Inc)

Entire Agreement; Severability and Further Assurances. Except as provided herein, this Agreement together with the Merger This Agreement and all exhibits and schedules attached hereto constitute the entire agreement among the parties with respect to the administration of the Escrow Deposit and supersede supersedes all prior and contemporaneous agreements and undertakings of the parties in connection herewith. No failure or delay of a party the Escrow Agent in exercising any right, power or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power or remedy preclude any other or further exercise of any right, power or remedy. In the event that any one or more of the provisions contained in this Agreement, Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by Lawlaw, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement. Each of the parties hereto shall, at the request of the other party, deliver to the requesting party all further documents or other assurances as may reasonably be necessary or desirable in connection with this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (DXP Enterprises Inc)

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