Unenforceability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, then the other provisions of this Agreement shall remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto further agree to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provision.
Appears in 8 contracts
Sources: Shareholder Agreement (Becker Drapkin Management, L.P.), Shareholder Agreement (Telecommunication Systems Inc /Fa/), Investment Agreement (Cutera Inc)
Unenforceability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, then the other provisions of this Agreement are determined to be invalid or unenforceable in any jurisdiction, such provisions shall remain be ineffective to the extent of such invalidity or unenforceability in full force and effect. Any provision such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or enforceability of any of such provisions of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceableany other jurisdiction. The parties hereto further agree will use their best efforts to replace such substitute the invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieveone which conforms, to the extent as nearly as possible, with the purposes original intent of such invalid or unenforceable provisionthe parties.
Appears in 8 contracts
Sources: Development and License Agreement (Noven Pharmaceuticals Inc), License Agreement (Endo Pharmaceuticals Holdings Inc), License Agreement (Noven Pharmaceuticals Inc)
Unenforceability. If any provision of this Agreement is shall be held to be invalid or unenforceable by any court unenforceable, such invalidity or unenforceability shall not affect or impair the validity or enforceability of competent jurisdiction, then the other remaining provisions of this Agreement Agreement, which shall remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree , and the Parties hereto shall remain in full force and effect continue to the extent not held invalid or unenforceable. The parties hereto further agree to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provisionbe bound thereby.
Appears in 8 contracts
Sources: Private Student Loan Program Agreement, Private Student Loan Program Agreement (First Marblehead Corp), Loan Program Agreement (First Marblehead Corp)
Unenforceability. If any term or other provision of this Agreement is held invalid invalid, illegal or unenforceable by incapable of being enforced under any court rule of competent jurisdictionlaw or public policy, then the all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto further agree to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provision.
Appears in 6 contracts
Sources: Supply, License, and Development Agreement (Applied Digital Solutions Inc), Supply, License, and Development Agreement (Applied Digital Solutions Inc), Supply, License, and Development Agreement (Digital Angel Corp)
Unenforceability. If any provision of this Agreement is held or becomes invalid or unenforceable by any court of competent jurisdictionunenforceable, then such invalidity or unenforceability shall not invalidate the other remaining provisions of this Agreement shall remain in full force and effect. Any provision Agreement, except where the provisions cannot be severed from the rest of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect due to the extent not held invalid nature of the Agreement, its subject or unenforceablethe circumstances in which this Agreement was concluded. The parties hereto further Parties agree to replace do everything necessary to achieve the same results intended by any such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provisionprovisions.
Appears in 4 contracts
Sources: Purchase Agreement, Purchase Agreement, Investment Agreement
Unenforceability. If any In the event a particular provision of this the Agreement is held declared invalid or unenforceable by any court of competent jurisdictionunenforceable, then the other remaining provisions of this the Agreement shall remain will continue in full force and effect. Any provision of this This Agreement held invalid or unenforceable only shall be construed in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto further agree to replace all respects as if such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provisionprovisions were omitted.
Appears in 3 contracts
Sources: Retirement Transition Agreement (Ch2m Hill Companies LTD), Retirement Transition Agreement (Ch2m Hill Companies LTD), Retirement Transition Agreement (Ch2m Hill Companies LTD)
Unenforceability. If any term or provision of this Agreement agreement is held declared invalid or unenforceable by or in breach of any court Act of competent jurisdiction, then Parliament the other provisions validity of the remainder of this Agreement shall agreement will not be affected and will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto further agree to replace as if this agreement had been executed with such invalid or unenforceable term of provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provisioneliminated.
Appears in 3 contracts
Sources: Standard Terms and Conditions, Standard Terms and Conditions, Broadcasting Agreement
Unenforceability. If any provision of this Agreement It is held invalid or unenforceable by any court of competent jurisdiction, then the other provisions of intended that this Agreement shall remain in full force not violate any applicable law. If, at any time or for any reason, any provision(s) becomes unenforceable or invalid, such provision(s) shall be amended to bring them into legal compliance and effect. Any provision to preserve to the maximum extent possible the intent of this Agreement held invalid or unenforceable only in part or degree the Parties and the remaining provisions shall remain in full force unaffected and continue with the same effect to the extent as if such unenforceable or invalid provision(s) had not held invalid or unenforceable. The parties hereto further agree to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provisionbeen inserted herein.
Appears in 2 contracts
Sources: Joint Product Exploitation and Marketing Agreement (Earth Sciences Inc), Joint Product Exploitation and Marketing Agreement (Ada-Es Ing)
Unenforceability. If any In the event a particular provision of this the Agreement is held declared invalid or unenforceable by any court of competent jurisdictionunenforceable, then the other remaining provisions of this the Agreement shall remain will continue in full force and effect. Any provision of this This Agreement held invalid or unenforceable only shall be construed in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto further agree to replace all respects as if such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provisionprovisions were omitted.
Appears in 1 contract
Sources: Transition Arrangements Agreement (Ch2m Hill Companies LTD)
Unenforceability. If any provision of this Agreement is held invalid or unenforceable by any a court of law or other tribunal of competent jurisdictionjurisdiction to be illegal, then invalid, or unenforceable, the other legality, validity, and enforceability of the remaining provisions of this Agreement shall remain will not be affected or impaired thereby and the illegal, invalid, or unenforceable provision will be deemed modified to the minimum extent necessary such that it is legal, valid, and enforceable and accomplishes the intention of the parties to the fullest extent possible, and, in any event, the remainder of this Agreement will continue in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto further agree to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provision.
Appears in 1 contract
Sources: Master Subscription Agreement
Unenforceability. If any provision of in this Agreement is held found to be invalid or unenforceable by any court of competent jurisdictionunenforceable, then that provision shall be severed from the other provisions Agreement and the remainder of this Agreement shall remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto further agree to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provision.effect.
Appears in 1 contract
Sources: Services Agreement
Unenforceability. If any provision of this Agreement is held invalid or unenforceable ---------------- determined by any a court of competent jurisdictionjurisdiction to be invalid or otherwise unenforceable, then such determination shall not affect the other validity or unenforceability of any remaining provisions of this Agreement. If any provision of this Agreement is invalid under any applicable statute or rule of law, it shall be enforced to the maximum extent possible so as to effect the intent of the parties, and the remainder of this Agreement and the Agreement shall remain continue in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto further agree to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provision.
Appears in 1 contract
Unenforceability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, then the other provisions of this Agreement shall remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable. The parties Parties hereto further agree to replace such invalid or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the purposes of such invalid or unenforceable provision.
Appears in 1 contract
Sources: Board Appointment Agreement (Destination Maternity Corp)