Common use of Severability; Validity; Parties in Interest Clause in Contracts

Severability; Validity; Parties in Interest. If any provision of this Agreement or the application thereof to any Person or circumstance is held invalid, illegal or unenforceable by any rule of law or public policy, the remainder of this Agreement and the application of such provision to other Persons or circumstances shall not be affected thereby, and, to such end, the provisions of this Agreement are agreed to be severable. 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 equitable manner to the end that the transactions contemplated hereby are fulfilled to the extent valid and enforceable. Except as provided in Section 8.8(d), nothing in this Agreement, express or implied, is intended to confer upon any Person not a party to this Agreement any rights or remedies of any nature whatsoever under or by reason of this Agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Omnicare Inc), Agreement and Plan of Merger (CVS HEALTH Corp), Agreement and Plan of Merger (CVS HEALTH Corp)

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Severability; Validity; Parties in Interest. If any provision of this Agreement Agreement, or the application thereof to any Person or circumstance is held invalid, illegal invalid or unenforceable by any rule of law or public policyunenforceable, the remainder of this Agreement Agreement, and the application of such provision to other Persons or circumstances circumstances, shall not be affected thereby, and, and to such end, the provisions of this Agreement are agreed to be severable. 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 equitable acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent valid and enforceablepossible. Except as provided in Section 8.8(d)8.6, nothing in this Agreement, express or implied, is intended to confer upon any Person not a party to this Agreement any rights or remedies of any nature whatsoever under or by reason of this Agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Pxre Group LTD), Agreement and Plan of Merger (Pxre Group LTD), Agreement and Plan of Merger (Argo Group International Holdings, Ltd.)

Severability; Validity; Parties in Interest. If any provision of this Agreement or the application thereof to any Person or circumstance is held invalid, illegal or unenforceable by any rule of law or public policy, the remainder of this Agreement and the application of such provision to other Persons or circumstances shall not be affected thereby, and, to such end, the provisions of this Agreement are agreed to be severable. 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 equitable manner to the end that the transactions contemplated hereby are fulfilled to the extent valid and enforceable. Except as provided in Section 8.8(d), nothing in this Agreement, express or implied, is intended to confer upon any Person not a party to this Agreement any rights or remedies of any nature whatsoever under or by reason of this Agreement.. Section 11.11

Appears in 1 contract

Samples: Iv Agreement and Plan of Merger

Severability; Validity; Parties in Interest. If any provision of this Agreement Agreement, or the application thereof to any Person person or circumstance is held invalid, illegal invalid or unenforceable by any rule of law or public policyunenforceable, the remainder of this Agreement Agreement, and the application of such provision to other Persons persons or circumstances circumstances, shall not be affected thereby, and, and to such end, the provisions of this Agreement are agreed to be severable. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, 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 an equitable acceptable manner to the end that the 77 transactions contemplated hereby are fulfilled to the extent valid and enforceablepossible. Except as provided in Section 8.8(d)7.8, nothing in this Agreement, express or implied, is intended to confer upon any Person not a party to this Agreement any rights or remedies of any nature whatsoever under or by reason of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Axa Financial Inc)

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Severability; Validity; Parties in Interest. If any provision of this Agreement Agreement, or the application thereof to any Person person or circumstance is held invalid, illegal invalid or unenforceable by any rule of law or public policyunenforceable, the remainder of this Agreement Agreement, and the application of such provision to other Persons persons or circumstances circumstances, shall not be affected thereby, and, and to such end, the provisions of this Agreement are agreed to be severable. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, 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 an equitable acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent valid and enforceablepossible. Except as provided in Section 8.8(d)7.8, nothing in this Agreement, express or implied, is intended to confer upon any Person not a party to this Agreement any rights or remedies of any nature whatsoever under or by reason of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mony Group Inc)

Severability; Validity; Parties in Interest. If any provision of this Agreement Agreement, or the application thereof to any Person or circumstance is held invalid, illegal invalid or unenforceable by any rule of law or public policyunenforceable, the remainder of this Agreement Agreement, and the application of such provision to other Persons or circumstances circumstances, shall not be affected thereby, and, and to such end, the provisions of this Agreement are agreed to be severable. 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 equitable acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent valid and enforceablepossible. Except as provided in Section 8.8(d)8.8, nothing in this Agreement, express or implied, is intended to confer upon any Person not a party to this Agreement any rights or remedies of any nature whatsoever under or by reason of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Usi Holdings Corp)

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