Unenforceability. If all or any portion of any provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision hereof, and such provision shall be limited and construed as if such invalid, illegal or unenforceable provision or portion thereof were not contained herein unless doing so would materially and adversely affect a party or the benefits that such party is entitled to receive under this Agreement.
Appears in 19 contracts
Samples: Contract of Sale (Hines Global Reit Ii, Inc.), Contract of Sale (Bebe Stores, Inc.), Contract of Sale (KBS Strategic Opportunity REIT II, Inc.)
Unenforceability. If all or any portion of any provision provisions of this Agreement shall be held are determined to be invalid, illegal invalid or unenforceable in any respectjurisdiction, then such invalidity, illegality provisions shall be ineffective to the extent of such invalidity or unenforceability shall not affect in 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 in any other provision hereof, and such provision shall be limited and construed as if such invalid, illegal jurisdiction. The parties will use their best efforts to substitute the invalid or unenforceable provision or portion thereof were not contained herein unless doing so would materially with a valid and adversely affect a party or enforceable one which conforms, as nearly as possible, with the benefits that such party is entitled to receive under this Agreementoriginal intent of the parties.
Appears in 8 contracts
Samples: Development and License Agreement (Noven Pharmaceuticals Inc), License Agreement (Endo Pharmaceuticals Holdings Inc), License Agreement (Endo Pharmaceuticals Holdings Inc)
Unenforceability. If all or any portion of any provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision hereof, and such provision shall be limited and construed as if such invalid, illegal or unenforceable provision or portion thereof were not contained herein unless doing so would materially and adversely affect a party or the benefits that such party is entitled to receive under this Agreement. The provisions of this Article shall survive the Closing or earlier termination of this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Cedar Shopping Centers Inc), Contribution and Sale Agreement (Cedar Shopping Centers Inc)
