Common use of Waiver and Severability Clause in Contracts

Waiver and Severability. If either Party fails to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure will not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will continue in full force and effect.

Appears in 9 contracts

Samples: Software License Agreement, Intel Software License Agreement, Intel Software License Agreement

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Waiver and Severability. If The failure by either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver or amendment of any provision or option, or affect the validity of this Agreement or any part will be effective only if in writing and signed by authorized representatives of this Agreement, or the right of the waiving Party to enforce subsequently each and every provisionboth parties. If any provision of this Agreement is held invalid to be unenforceable or unenforceableinvalid, that provision will be enforced to the remainder of maximum extent possible and the Agreement other provisions will continue remain in full force and effect.

Appears in 7 contracts

Samples: End User Agreement, End User Agreement, End User Agreement

Waiver and Severability. If Failure by either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreementprovide herein, that failure will shall not constitute a waiver of that such provision or option, or nor affect the validity of this Agreement or any part of this Agreementthereof, or the right of the waiving Party party to thereafter enforce subsequently each and every provisionsuch provisions. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will shall continue in full force and effect.

Appears in 6 contracts

Samples: Software Lease and Maintenance Agreement (Enova International, Inc.), Software Lease and Maintenance Agreement (Cash America International Inc), License and Maintenance Agreement (INPHI Corp)

Waiver and Severability. If Failure by either Party fails to enforce at any time exercise any of the provisions of this Agreementits rights under, or to exercise enforce any election of options provided in provision of, this Agreement, that failure Agreement will not constitute be deemed a waiver or forfeiture of that provision such rights or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party ability to enforce subsequently each and every such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of the this Agreement will continue remain in full force and effect.

Appears in 5 contracts

Samples: License Agreement, Member Master Subscription Agreement, Website and Products And

Waiver and Severability. If Waiver or failure by either Party fails to enforce at any time any of the provisions of this Agreement, or party to exercise in any election of options respect any right provided for in this Agreement, that failure the Agreement will not constitute be deemed a waiver of that provision or option, or affect the validity of this Agreement or any part of further right under this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid or unenforceablefound by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the this Agreement will continue in full force and effect.

Appears in 4 contracts

Samples: Technology Service Agreement, Service Agreement, Master Service Agreement

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the Agreement application of the provision to other persons, entities or circumstances will continue in full force and effectbe affected thereby, but instead will be enforced to the maximum extent permitted by law.

Appears in 4 contracts

Samples: Rental Agreement, Virginia Occupancy Agreement, Arkansas Residential Lease Agreement

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, right or to exercise any election of options provided provision in this Agreement, that failure will Agreement shall not constitute a waiver of that such right or provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party unless acknowledged and agreed to enforce subsequently each and every provisionby such party in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the remainder intentions of the Agreement will continue invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

Appears in 3 contracts

Samples: cdn2.hubspot.net, cdn2.hubspot.net, f.hubspotusercontent00.net

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the Agreement application of the provision to other persons, entities or circumstances will continue in full force and effectbe affected thereby, but instead will be enforced to the maximum extent permitted by law.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Waiver and Severability. If Failure by either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreementprovide herein, that failure will shall not constitute a waiver of that such provision or option, or nor affect the validity of this Agreement or any part of this Agreementthereof, or the right of the waiving Party party to thereafter enforce subsequently each and every such provision. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will shall continue in full force and effect.

Appears in 2 contracts

Samples: Fixed Term License Agreement Agreement (Tality Corp), Fixed Term License Agreement Agreement (Tality Corp)

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure will Agreement shall not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or party’s rights to subsequently enforce the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, the remainder all other provisions of the this Agreement will continue shall not be affected and shall remain in full force and effect.

Appears in 2 contracts

Samples: Portal/Los Link Agreement (Ellie Mae Inc), First American Title Agreement (Ellie Mae Inc)

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Waiver and Severability. If either Party fails The failure of a party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided provision in this Agreement, that failure Agreement will not constitute be construed as a waiver of that such provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party party thereafter to enforce subsequently each and every such provision, or any other provision in this Agreement. If any court of competent jurisdiction determines that any provision of this Agreement is held illegal, invalid or unenforceable, the remainder of the Agreement remaining provisions will continue remain in full force and effect.

Appears in 2 contracts

Samples: Master Vendor Agreement, Master Vendor Agreement

Waiver and Severability. If The failure of either Party fails party to enforce at any time any of the provisions of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the Agreement application of the provision to other persons, entities or circumstances will continue in full force and effectbe affected thereby, but instead will be enforced to the maximum extent permitted by law.

Appears in 1 contract

Samples: North Carolina Residential Lease Agreement

Waiver and Severability. If either The failure of a Party fails to exercise or enforce at any time any of the provisions right or provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of that provision such right or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held to be invalid or unenforceable, the remainder remaining provisions of the this Agreement will continue remain in full force and effect.

Appears in 1 contract

Samples: Master Software and Services Agreement

Waiver and Severability. If The failure by either Party fails to enforce at any time any of the provisions provision of this Agreement, or to exercise any election of options provided in this Agreement, that failure Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver or amendment of any provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right will be effective only if in writing and signed by authorized representatives of the waiving Party to enforce subsequently each and every provisionParties. If any provision of this Agreement is held invalid to be unenforceable or unenforceableinvalid, that provision will be enforced to the remainder of maximum extent possible and the Agreement other provisions will continue remain in full force and effect.

Appears in 1 contract

Samples: Unit 42 Master Services Agreement

Waiver and Severability. If either Party fails The failure of a party to this Agreement to enforce at any time any of the provisions of this Agreement, Agreement or to exercise the waiver thereof in any election instance shall not be construed as a general waiver or relinquishment on its part of options provided in this Agreement, that failure will not constitute a waiver of that any such provision or option, of any other provisions. If any one or affect the validity more provisions of this Agreement or any part of this Agreementare held to be invalid, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid illegal or unenforceable, the remainder validity, legality and enforceability of the Agreement will continue remaining provisions shall not in full force and effectany manner be affected.

Appears in 1 contract

Samples: Consulting Agreement (Lumenis LTD)

Waiver and Severability. If The failure of either Party fails to enforce at any time any of the provisions of this AgreementAgreement will not be construed to be a continuing waiver, or nor will that failure prejudice the right of that Party to exercise take any election of options provided action in the future to enforce any provisions in this Agreement, that failure will not constitute a waiver of that provision or option, or affect the validity of this Agreement or any part of this Agreement, or the right of the waiving Party to enforce subsequently each and every provision. If any provision of this Agreement is held invalid determined to be illegal, invalid, or unenforceable, the remainder validity of the Agreement remaining provisions will continue not be affected and, in full force lieu of an illegal, invalid, or unenforceable provision, provisions similar in terms as may be legal, valid and effectenforceable under applicable law are deemed added.

Appears in 1 contract

Samples: Distributor Agreement

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