Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 11 contracts
Sources: Marketing Agreement (Rentech Nitrogen Partners, L.P.), Marketing Agreement (Rentech Nitrogen Partners, L.P.), Stockholders Agreement (Panolam Industries International Inc)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceableenforce able. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 9 contracts
Sources: Indemnity Agreement (Transportation Components Inc), Indemnity Agreement (Metals Usa Inc), Indemnity Agreement (Homeusa Inc)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 6 contracts
Sources: Registration Rights Agreement (Ferrellgas Partners L P), Registration Rights Agreement (Ferrellgas Partners L P), Registration Rights Agreement (Blue Rhino Corp)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid invalid, or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid valid, or enforceable. If such the court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid invalid, or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 3 contracts
Sources: Employment Agreement (SCB Computer Technology Inc), Asset Purchase Agreement (SCB Computer Technology Inc), Purchase and Sale Agreement (SCB Computer Technology Inc)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 3 contracts
Sources: Separation Agreement (SCB Computer Technology Inc), Separation and Consulting Agreement (SCB Computer Technology Inc), Transitional Support Services Agreement (SCB Computer Technology Inc)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto Parties shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 3 contracts
Sources: Agreement and Plan of Merger (Eon Communications Corp), Merger Agreement (Eon Communications Corp), Merger Agreement (Graphon Corp/De)
Modification and Severability. If a court of competent ------------------------------- jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto Parties shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 1 contract
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties Parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 1 contract
Modification and Severability. If a an arbitration tribunal or court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or and enforceable. If such arbitration tribunal or court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, and this Agreement Agreement, and the rights and obligations of the parties hereto hereto, shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 1 contract
Sources: Lease Agreement (Arcadian Corp)