Common use of Severability; Waiver Clause in Contracts

Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected and, in lieu of each illegal, invalid, or unenforceable provision, a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Any failure by a Party to insist upon strict performance by the other party of any material provision of this Agreement will not be deemed a waiver or of any other provision, and such Party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 10 contracts

Sources: Financing Agreement, Reimbursement Agreement, Public Improvement District Financing Agreement

Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, invalid or enforceable provision as is possible. Any failure by a Party party to insist upon strict performance by the other party of any material provision of this Agreement will not be deemed a waiver thereof or of any other provision, and such Party party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 6 contracts

Sources: Development and Consent Agreement, Development and Consent Agreement, Development and Consent Agreement

Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, invalid or enforceable provision as is possible. Any failure by a Party to insist upon strict performance by the other party Party of any material provision of this Agreement will not be deemed a waiver thereof or of any other provision, and such Party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 2 contracts

Sources: Wastewater Service Agreement, Wastewater Service Agreement

Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Agreement shall not be affected and, in lieu of each illegal, invalid, or unenforceable provision, a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Any failure by a Party to insist upon strict performance by the other party of any material provision of this Agreement will not be deemed a waiver or of any other provision, and such Party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 2 contracts

Sources: Development Agreement, Development Agreement

Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, invalid or enforceable provision as is possible. Any failure by a Party to insist upon strict performance by the other party Party of any material provision of this Agreement will not be deemed a waiver thereof or of any other provision, and such Party party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 2 contracts

Sources: Wastewater Service Agreement, Wastewater Service Agreement

Severability; Waiver. (a) If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties Parties that the remainder of this Agreement not be affected and, in lieu of each illegal, invalid, or unenforceable provision, a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. . (b) Any failure by a Party to insist upon strict performance by the other party of any material provision of this Agreement will not be deemed a waiver or of any other provision, and such Party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 2 contracts

Sources: Financing Agreement, Financing Agreement

Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties Parties that the remainder of this Agreement not be affected affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Each of the rights and obligations of the Parties hereto are separate covenants. Any failure by a Party party to insist upon strict performance by the other party of any material provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such Party party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 1 contract

Sources: Purchase & Sale Agreement

Severability; Waiver. If any provision of this Agreement agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Each of the rights and obligations of the parties hereto are separate covenants. Any failure by a Party party to insist upon strict performance by the other party of any material provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such Party party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 1 contract

Sources: Water Pipeline Easement and Temporary Construction Easement Purchase Agreement

Severability; Waiver. (a) If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties Parties that the remainder of this Agreement not be affected affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, invalid or enforceable provision as is possible. . (b) Any failure by a Party to insist upon strict performance by the other party another Party of any material provision of this Agreement will not be deemed a waiver thereof or of any other provision, and such Party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement Amendment and Retail Water Customer and Water System Transfer Agreement

Severability; Waiver. (a) If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Agreement not be affected and, in lieu of each illegal, invalid, or unenforceable provision, a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. . (b) Any failure by a Party to insist upon strict performance by the other party of any material provision of this Agreement will not be deemed a waiver or of any other provision, and such Party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 1 contract

Sources: Tirz Reimbursement Agreement

Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties Parties that the remainder of this Agreement not be affected affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, invalid or enforceable provision as is possible. Any failure by a Party to insist upon strict performance by the other party another Party of any material provision of this Agreement will not be deemed a waiver thereof or of any other provision, and such Party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement.

Appears in 1 contract

Sources: Assignment, Assumption and Consent to Assignment