Common use of Severability; Construction Clause in Contracts

Severability; Construction. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Agreement. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 33 contracts

Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.)

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Severability; Construction. Whenever possible, each If any term or provision of this Agreement shall be interpreted in such manner as held to be effective and valid under applicable law, but if invalid or unenforceable for any provision of this Agreement shall be prohibited by or invalid under applicable lawreason, such term or provision shall be ineffective only to the extent of such prohibition invalidity or invalidity, unenforceability without invalidating the remainder of remaining terms and provisions hereof, and this Agreement shall be construed as if such provisions invalid or the remaining provisions of this Agreementunenforceable term or provision had not been contained herein. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 20 contracts

Samples: Employment Agreement (Elinear Inc), Employment Agreement (Elinear Inc), Employment Agreement (Bering Exploration, Inc.)

Severability; Construction. Whenever possible, each If any term or provision of this Agreement --------------------------- shall be interpreted in such manner as held to be effective and valid under applicable law, but if invalid or unenforceable for any provision of this Agreement shall be prohibited by or invalid under applicable lawreason, such term or provision shall be ineffective only to the extent of such prohibition invalidity or invalidity, unenforceability without invalidating the remainder of remaining terms and provisions hereof, and this Agreement shall be construed as if such provisions invalid or the remaining provisions of this Agreementunenforceable term or provision had not been contained herein. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Elinear Inc), Employment Agreement (Elinear Inc), Employment Agreement (Unicorp Inc /New)

Severability; Construction. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable lawLaw, but if any provision of this Agreement shall be prohibited by or invalid under applicable lawLaw, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Agreement. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Mezzanine Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Subordinated Term Loan and Security Agreement (Summit Healthcare REIT, Inc)

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Severability; Construction. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Agreement. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly DM3\2429630.8 by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.)

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