Common use of Severability and Waiver Clause in Contracts

Severability and Waiver. In the event any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) by any party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

Appears in 8 contracts

Samples: Fiserv Reseller Agreement (Altigen Communications Inc), Distribution Agreement (Altigen Communications Inc), Distribution Agreement (Altigen Communications Inc)

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Severability and Waiver. In the event If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the valid or enforceable portion thereof extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remaining provisions remainder of this Agreement will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach.

Appears in 6 contracts

Samples: User Licensing Agreement, Deepbits Terms of Service, Service Agreement

Severability and Waiver. In If all or any part of this Agreement is found invalid or unenforceable by court of law, the event rest of this Agreement shall remain valid and enforceable according to its terms. A waiver of any provision of this Agreement is held to Agreement, or of the rights and obligations of the parties, must be invalid or unenforceable, the valid or enforceable portion thereof in writing and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) signed by any party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breachboth parties.

Appears in 5 contracts

Samples: Fluid Running® Facility License Agreement, Spinning® Facility License Agreement, Spinning® Facility License Agreement

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceableunenforceable for any reason, the valid or enforceable portion thereof and the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will remain in full force and effect. Any waiver (express not operate or implied) by any party of any default or breach of this Agreement shall not constitute be interpreted as a waiver of any other or subsequent default or breach.

Appears in 5 contracts

Samples: Saas Agreement, Saas Agreement, Hosting Agreement

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining all other provisions of this Agreement will remain in full force enforceable, and effectthe invalid or unenforceable provision will be considered modified such that it is valid and enforceable to the maximum extent permitted by law. Any waiver (express or implied) by any party of any default or breach the provisions of this Agreement shall must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Agreement will not constitute be considered a waiver of any other separate or subsequent default or breachlater breach of this Agreement.

Appears in 4 contracts

Samples: Dancer Exchange Agreement, Dancer Exchange Agreement, Dancer Hosting Agreement

Severability and Waiver. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) by any either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Dynamic Materials Corp), Asset Purchase Agreement (Dynamic Materials Corp), Asset Purchase Agreement (Dynamic Materials Corp)

Severability and Waiver. In the event If any provision of this Agreement is held to be found invalid or unenforceable, that provision will be enforced to the valid or enforceable portion thereof maximum extent permissible so as to affect the intent of the parties and the remaining provisions remainder of this Agreement will remain in full force and effect. Any waiver (express Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or implied) by any party statement or representation other than by an explicit written waiver. No waiver of any default or a breach of this Agreement shall not will constitute a waiver of any other prior or subsequent default or breachbreach of this Agreement.

Appears in 3 contracts

Samples: End User License Agreement for Bindid™, Terms of Services, End User License Agreement for Bindid™

Severability and Waiver. In the event any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) by any either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

Appears in 3 contracts

Samples: Joint Venture Agreement (Pharmacopeia Inc), Joint Venture Agreement (Molecular Simulations Inc), Software Development Agreement (Molecular Simulations Inc)

Severability and Waiver. In the event If any provision or provisions of this Agreement is shall be held to be invalid invalid, illegal or unenforceable, the valid or enforceable portion thereof validity, legality and enforceability of the remaining provisions of this Agreement will remain shall not in full force and effectany way be affected or impaired thereby. Any The waiver (express or implied) by any either party of any default or breach of this the Agreement shall not constitute a waiver of any other or subsequent default or breach.

Appears in 2 contracts

Samples: Services Provider Agreement, Services Provider Agreement

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver (express or implied) by failure to enforce any party of any default or breach provision of this Agreement shall on one occasion will not constitute be deemed a waiver of any other provision or subsequent default of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or breachin equity.

Appears in 2 contracts

Samples: Waterford Institute’s End User License Agreement, Subscription Agreement

Severability and Waiver. In the event If any provision of in this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof other provisions will remain enforceable, and the remaining provisions invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver under this Agreement must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Agreement will remain in full force and effect. Any waiver (express or implied) by any party of any default or breach of this Agreement shall not constitute be considered a waiver of any other later breach or subsequent default or breachof the right to enforce any provision of this Agreement.

Appears in 2 contracts

Samples: Counsel Agreement, License Agreement

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, such provision will be enforced to the valid or enforceable portion thereof and extent possible consistent with the remaining provisions stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed from this Agreement, while the remainder of this Agreement will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Secured Financial Network, Inc.), Asset Purchase Agreement (Secured Financial Network, Inc.)

Severability and Waiver. In the event any provision of If this Agreement is terminated or held by a court of competent jurisdiction to be invalid invalid, illegal, or unenforceableunenforceable as to particular provisions, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effecteffect as to the remaining provisions. Any No verbal or implied waiver (express or implied) by any party of any default or breach of any provisions of this Agreement shall not will constitute a waiver of any other prior, concurrent, or subsequent default breach of the same or breachany other provisions in this Agreement. Any waiver by either party must be in writing and delivered to the other party.

Appears in 2 contracts

Samples: Grant Agreement, Award Agreement

Severability and Waiver. In the event If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the valid or enforceable portion thereof extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remaining provisions remainder of this Agreement will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default defa ult or breach.

Appears in 1 contract

Samples: License Agreement

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Severability and Waiver. In the event If any provision of this Agreement is held to be invalid illegal, invalid, or otherwise unenforceable, such provision shall be enforced to the valid or enforceable portion thereof extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remaining provisions remainder of this Agreement will remain shall continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

Appears in 1 contract

Samples: Professional Services Agreement

Severability and Waiver. In the event If any provision of in this Agreement is held to be invalid illegal, invalid, or unenforceable, the valid or enforceable portion thereof and the remaining other provisions of this Agreement will remain in full force enforceable, and effectthe illegal, invalid, or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver (express or implied) under this Agreement must be in writing and signed by any the party granting the waiver. Waiver of any default breach or breach provision of this Agreement shall will not constitute be considered a waiver of any other later breach or subsequent default or breachof the right to enforce any provision of this Agreement.

Appears in 1 contract

Samples: nonprofitdocuments.law.stanford.edu

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid illegal, invalid, or otherwise unenforceable, such provision will be enforced to the valid or enforceable portion thereof extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remaining provisions remainder of this Agreement will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach.

Appears in 1 contract

Samples: Trademark and Data License and Services Agreement (Q Med Inc)

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining other provisions of this Agreement will remain in full force enforceable, and effectthe invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver (express or implied) under this Agreement must be in writing and signed by any the party granting the waiver. Waiver of any default breach or breach provision of this Agreement shall will not constitute be considered a waiver of any other later breach or subsequent default or breachof the right to enforce any provision of this Agreement.

Appears in 1 contract

Samples: License Agreement

Severability and Waiver. In the event If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, that provision will be enforced to the valid or enforceable portion thereof extent possible or, if incapable of enforcement, deemed to be severed and deleted from this Agreement, and the remaining provisions of this Agreement remainder will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of waive any other or subsequent default or breach.. 8.4

Appears in 1 contract

Samples: static1.squarespace.com

Severability and Waiver. In the event If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, that provision will be enforced to the valid or enforceable portion thereof extent possible or, if incapable of enforcement, deemed to be severed and deleted from this Agreement, and the remaining provisions of this Agreement remainder will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of waive any other or subsequent default or breach.

Appears in 1 contract

Samples: Software End User License Agreement

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid illegal, invalid, or unenforceable, the valid or enforceable portion thereof and the remaining all other provisions of this Agreement will remain in full force nevertheless be effective, and effectthe illegal, invalid, or unenforceable provision will be considered modified such that it is valid to the maximum extent permitted by law. Any waiver (express or implied) by any party of any default or breach the provisions of this Agreement shall must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Agreement will not constitute be considered a waiver of any other later breach or subsequent default or breachof the right to enforce any provision of this Agreement.

Appears in 1 contract

Samples: Services Agreement

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effectforce. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

Appears in 1 contract

Samples: Separation Agreement and General Release (Apigee Corp)

Severability and Waiver. In the event If any provision of this Agreement is held to be invalid ----------------------- illegal, invalid, or otherwise unenforceable, such provision will be enforced to the valid or enforceable portion thereof extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remaining provisions remainder of this Agreement will remain continue in full force and effect. Any The waiver (express or implied) by any either party of any default or breach of this Agreement shall will not constitute a waiver of any other or subsequent default or breach.

Appears in 1 contract

Samples: Marketing Agreement (Opentv Corp)

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