Common use of Severability of Provision Clause in Contracts

Severability of Provision. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

Appears in 9 contracts

Samples: Tender, Voting and Option Agreement (Quebecor Printing Inc), Tender, Voting and Option Agreement (Quebecor Printing Inc), Tender, Voting and Option Agreement (World Color Press Inc /De/)

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Severability of Provision. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law court of competent jurisdiction or public policyother authority, all other terms and provisions of this Agreement shall will nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties shall will negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

Appears in 2 contracts

Samples: Form of Tender Agreement (Circuit City Stores Inc), Form of Tender Agreement (Circuit City Stores Inc)

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Severability of Provision. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law court of competent jurisdiction or public policyother authority, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

Appears in 1 contract

Samples: Tender Agreement (Sears Roebuck & Co)

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