Common use of Waiver; Severability Clause in Contracts

Waiver; Severability. Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Similarly, the provision of any accommodation exceeding the requirements of this Agreement shall not constitute a waiver of any provision hereof, nor shall it be construed to establish a course of dealing contrary to the express terms hereof. If any provision of this Agreement shall be adjudged by a court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Appears in 35 contracts

Samples: Server Application Development License Agreement, Activex Development License Agreement, Boards and Modems Development License Agreement

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Waiver; Severability. Failure by The failure of either party Party hereto to enforce at any provision time any of the provisions or terms of this Agreement shall not in no way be deemed considered to be a waiver of future enforcement of that or any other provision. Similarly, the provision of any accommodation exceeding the requirements of this Agreement shall not constitute a waiver of any provision hereof, nor shall it be construed to establish a course of dealing contrary to the express terms hereofsuch provisions. If any provision of this Agreement shall be adjudged is found by a any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be limited or eliminated shall, to the minimum extent necessary so that this Agreement required, be deemed deleted or revised, and the remaining provisions shall otherwise remain continue in full force and effecteffect to the maximum extent possible so as to give effect to the intent of the parties.

Appears in 15 contracts

Samples: Everbridge – Nixle Master Services Agreement, Everbridge Master Services Agreement, Platform Service Agreement

Waiver; Severability. Failure by either party of us to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Similarly, the provision of any accommodation exceeding the requirements of this Agreement shall not constitute a waiver of any provision hereof, nor shall it be construed to establish a course of dealing contrary to the express terms hereof. If any provision of this Agreement shall be adjudged by a court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Appears in 4 contracts

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

Waiver; Severability. Failure by either party Neither party’s failure to insist upon strict performance of any provision of this Agreement shall be construed as a waiver of any of its rights under this Agreement. Any waiver or failure to enforce any provision of this Agreement shall on one occasion will not be deemed a waiver of future enforcement of that or any other provisionprovision or of such provision on any other occasion. Similarly, the provision of If any accommodation exceeding the requirements term of this Agreement is held unenforceable, the unenforceable term shall not constitute a waiver of any provision hereof, nor shall it be construed as nearly as possible to establish a course reflect the original intent of dealing contrary to the express Parties and the remaining terms hereof. If any provision of this Agreement shall be adjudged by a court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Appears in 1 contract

Samples: das.iowa.gov

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Waiver; Severability. Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Similarly, the provision of any accommodation exceeding the requirements of this Agreement shall not constitute a waiver of any provision hereof, nor shall it be construed to establish estab lish a course of dealing contrary to the express terms hereof. If any provision of this Agreement shall be adjudged by a court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Appears in 1 contract

Samples: Runtime Free Development License Agreement

Waiver; Severability. Failure by Any failure on the part of either party Party to enforce any provision insist upon the performance of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Similarly, the provision of any accommodation exceeding the requirements of this Agreement part thereof shall not constitute a waiver of any of its rights under this Agreement. No waiver of any provision hereof, nor of this Agreement shall it be construed to establish a course of dealing contrary to effective unless in writing and executed by the express terms hereofParty granting the waiver. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason or to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be adjudged by a court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated enforced to the minimum fullest extent necessary so that this Agreement shall otherwise remain in full force and effectpermitted by law.

Appears in 1 contract

Samples: Confidentiality Agreement

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