Severability; Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Failure of either party to insist on strict performance of any provision herein will not be deemed a waiver of any rights or remedies that either party will have and will not be deemed a waiver of any subsequent default of the terms and conditions thereof.
Appears in 13 contracts
Sources: Smarsh Services Addendum, Smarsh Services Agreement, Smarsh Services Agreement
Severability; Waiver. If If, for any reason whatever reason, a court of competent jurisdiction finds any provision term or portion of condition in this Agreement to be unenforceable, that provision of the Agreement all other terms and conditions will be enforced to the maximum extent permissible so as to effect the intent of the parties, remain unaffected and the remainder of this Agreement will continue in full force and effect. Failure No waiver of either party to insist on strict performance any breach of any provision herein will not be deemed of this Agreement shall constitute a waiver of any rights prior, concurrent, or remedies that either party will have and will not be deemed a waiver of any subsequent default breach of the terms same or any other provisions hereof, and conditions thereofno waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Appears in 5 contracts
Sources: Terms and Conditions, End User License Agreement, Terms of Service
Severability; Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of this the Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as possible to effect effectuate the intent of the parties, and the remainder of this the Agreement will continue in full force and effect. Failure of either party by TI to insist on strict performance of enforce any provision herein of this Agreement will not be deemed a waiver of future enforcement of that or any rights other provision in this Agreement or remedies any other agreement that either party will have and will not may be deemed a waiver of any subsequent default of in place between the terms and conditions thereofparties.
Appears in 4 contracts
Sources: Software License Agreement, Evaluation Software License Agreement, Software License Agreement
Severability; Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Failure The failure of either party to insist on strict performance enforce at any time or for any period of time any provision herein will of the provisions of this Agreement shall not be deemed constitute a waiver of any rights such provisions or remedies that either the right of such party will have to enforce each and will not be deemed a waiver of any subsequent default of the terms and conditions thereofevery provision.
Appears in 1 contract
Sources: Terms & Conditions
Severability; Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be invalid or unenforceable, that provision of the Agreement will be enforced amended to the maximum extent permissible so achieve as to effect nearly as possible the intent of the parties, and the remainder of this Agreement will continue remain in full force and effect. Failure of The waiver by either party to insist on strict performance of a breach of any provision herein will of this Agreement in one instance shall not operate or be deemed a waiver of any rights or remedies that either party will have and will not be deemed construed as a waiver of any subsequent default breach of the terms and conditions thereofsame provision or any other provision of this Agreement.
Appears in 1 contract
Sources: End User License Agreement
Severability; Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Failure The failure of either party to insist on strict performance enforce at any time or for any periodof time any of any provision herein will the provisions of this Agreement shall not be deemed constitute a waiver of any rights such provisions or remedies that either the right of such party will have to enforce each and will not be deemed a waiver of any subsequent default of the terms and conditions thereofevery provision.
Appears in 1 contract
Sources: Event Participation Agreement
Severability; Waiver. If If, for any reason reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision of the this Agreement will be enforced to the maximum extent permissible so as to effect affect the intent of the partiesParties, and the remainder of this Agreement agreement will continue in full force and effect. Failure of No failure or delay by either party Party to insist on strict performance of exercise any provision herein will not be deemed right or remedy shall constitute a waiver of any rights or remedies that either party will have and will not be deemed a waiver of any subsequent default of the terms and conditions thereofunder this Agreement.
Appears in 1 contract
Sources: Master Services Agreement
Severability; Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of in this Agreement to be invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder remaining provisions of this Agreement will continue remain valid and in full force and effect, and the court or the parties may modify the invalid or unenforceable provision to the extent required to allow its enforcement in a manner that most closely represents the intentions of the parties in entering into this Agreement. Failure of either party to insist on strict performance of any provision herein will not be deemed a The waiver of any rights breach or remedies that either party will have and default of this Agreement will not be deemed constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the terms and conditions thereofwaiving party.
Appears in 1 contract
Sources: Master Subscription Agreement