Common use of Substitute Provision Clause in Contracts

Substitute Provision. If any clause, sentence, provision, subsection, Section or Article of this Agreement (an “Agreement Provision”) is ruled unconstitutional, illegal, invalid, non- binding, or unenforceable by any court of competent jurisdiction, then the Parties will: (1) promptly meet and negotiate a substitute for the Agreement Provision and any related amendments, deletions, or additions to other provisions of this Agreement that together effect the Parties’ original intent to the greatest extent allowable under Applicable Law; and (2) if necessary or desirable to accomplish the purpose of Subsection (a)(1), apply to the court that declared that invalidity for a judicial construction of the substituted Agreement Provision and any amendments, deletions, or additions to this Agreement. Franchisee will pay County half of the actual costs of any application within twenty (20) days of certified receipt of County’s request.

Appears in 2 contracts

Sources: Franchise Agreement, Franchise Agreement