Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 73 contracts
Samples: Agreement of Purchase and Sale (Nanoviricides, Inc.), Agreement of Purchase and Sale (X Rite Inc), Purchase and Sale Agreement (LMP Automotive Holdings, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 36 contracts
Samples: Purchase and Sale Agreement (Cole Credit Property Trust V, Inc.), Purchase and Sale Agreement (Plymouth Industrial REIT Inc.), Purchase and Sale Agreement (Berkshire Income Realty, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 23 contracts
Samples: Membership Interest Purchase and Sale Agreement (Cottonwood Communities, Inc.), Purchase and Sale Agreement (Cole Corporate Income Trust, Inc.), Purchase and Sale Agreement
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party a Party to enforce against the other another Party any term or provision of this Agreement shall not be deemed to be a waiver of such partyParty’s right to enforce against the other party Party the same or any other such term or provision in the future.
Appears in 11 contracts
Samples: Membership Interest Purchase Agreement (Bluerock Residential Growth REIT, Inc.), Contribution Agreement (Bluerock Residential Growth REIT, Inc.), Contribution Agreement (Bluerock Residential Growth REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either a party to enforce against the any other party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 9 contracts
Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Contribution and Investment Agreement (Dividend Capital Total Realty Trust Inc.)
Invalidity and Waiver. If any portion of this Agreement Contract is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement Contract shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement Contract shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 6 contracts
Samples: Real Estate Sale Contract (Carter Validus Mission Critical REIT, Inc.), Real Estate Sale Contract (Carter Validus Mission Critical REIT, Inc.), 909 Chestnut Real Estate Sale Contract (Inland American Real Estate Trust, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 6 contracts
Samples: Consulting Services Agreement (Arena Pharmaceuticals Inc), Consulting Services Agreement (Arena Pharmaceuticals Inc), Services Agreement (Arena Pharmaceuticals Inc)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed not to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the futureprovision.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Global Medical REIT Inc.), Purchase and Sale Agreement (Trade Street Residential, Inc.), Agreement of Purchase and Sale (Asset Capital Corporation, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held to be invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 4 contracts
Samples: Agreement of Purchase and Sale (Bluerock Residential Growth REIT, Inc.), Agreement of Purchase and Sale (Bluerock Residential Growth REIT, Inc.), And Indemnity Agreement (Bluerock Residential Growth REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Cyberonics Inc), Purchase and Sale Agreement (Griffin Capital Essential Asset REIT II, Inc.), Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either a party to enforce against the other another party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 4 contracts
Samples: Membership Interest Purchase Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Purchase and Sale Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Membership Interest Purchase Agreement (Bluerock Multifamily Growth REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid invalid, void, unenforceable or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operativeoperative and otherwise in full force and effect, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 4 contracts
Samples: Mission Trip Agreement, Mission Trip Agreement, Mission Trip Agreement
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then then, so far as is reasonable and possible possible, the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 3 contracts
Samples: Agreement of Purchase and Sale (Rexford Industrial Realty, Inc.), Agreement of Purchase and Sale (Griffin Capital Essential Asset REIT II, Inc.), Agreement of Purchase and Sale (Rexford Industrial Realty, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by of either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Town & Country Trust), Purchase and Sale Agreement (Home Properties of New York Inc)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 2 contracts
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Asset Capital Corporation, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held --------------------- invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Bre Properties Inc /Md/)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible possible, the remainder of this Agreement shall be deemed valid and operative, operative and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party any Party to enforce against the other Party any term or provision of this Agreement shall not be deemed to be a waiver of such partyParty’s right to enforce against the other party Party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Management Agreement
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.. 23 8.5
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Carramerica Realty Corp)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed not to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party by the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (First Real Estate Investment Trust of New Jersey)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible and so long as each party obtains the principal benefits for which it bargained, the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver wavier of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible possible, the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Invalidity and Waiver. If any portion of this Agreement is held --------------------- invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (First Capital Insured Real Estate Limited Partnership)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then then, so far as is reasonable and possible possible, the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either any party to enforce against the any other party any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the any other party the same or any other such term or provision in the future.
Appears in 1 contract
Invalidity and Waiver. If any portion of this Agreement is held --------------------- invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s 's right to enforce against the other party by the same or any other such term or provision in the future.. (g) (h)
Appears in 1 contract
Samples: Purchase and Sale Agreement (Proton Energy Systems Inc)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the futureprovision.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Resource Real Estate Opportunity REIT II, Inc.)
Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, operative and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such party’s right to enforce against the other party the same or any other such term or provision in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Universal Health Realty Income Trust)
