Common use of Partial Unenforceability Clause in Contracts

Partial Unenforceability. The invalidity or unenforceability of any section, paragraph, clause or provision of this Agreement shall not affect the validity or enforceability of any other section, paragraph, clause or provision. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner.

Appears in 6 contracts

Samples: Underwriting Agreement (Lovesac Co), Underwriting Agreement (Lovesac Co), Underwriting Agreement (Lovesac Co)

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Partial Unenforceability. The invalidity or unenforceability of any section, paragraph, clause or provision of this Agreement shall not affect the validity or enforceability of any other section, paragraph, clause or provision. Upon such any determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner.

Appears in 4 contracts

Samples: Underwriting Agreement (Mohawk Group Holdings, Inc.), Underwriting Agreement (Oragenics Inc), Underwriting Agreement (A-Mark Precious Metals, Inc.)

Partial Unenforceability. The invalidity or unenforceability of If any section, paragraph, clause paragraph or provision of this Agreement is for any reason determined to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other section, paragraphparagraph or provision hereof, clause or provision. Upon such determination that any term or other provision is invalid, illegal or unenforceable, and the parties hereto shall negotiate engage in good faith negotiations to modify amend this Agreement so as to effect replace any such invalid or unenforceable section, paragraph or provision with a new section, paragraph or provision which closely aligns with the original intent initial intention of the parties as closely as possible in a mutually acceptable mannerhereto.

Appears in 3 contracts

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

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Partial Unenforceability. The invalidity or unenforceability of any section, paragraph, clause or provision of this Agreement shall not affect the validity or enforceability of any other section, paragraph, clause or provisionprovision hereof. Upon such determination that If any term section, paragraph, clause or other provision of this Agreement is invalid, illegal for any reason determined to be invalid or unenforceable, the parties hereto shall negotiate in good faith use their commercially reasonable efforts to modify find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such section, paragraph, clause or provision of this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable mannerAgreement.

Appears in 1 contract

Samples: Underwriting Agreement (Baudax Bio, Inc.)

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