Common use of Waiver and Severability Clause in Contracts

Waiver and Severability. The waiver by either party of a breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.

Appears in 10 contracts

Samples: Consulting Agreement (Angion Biomedica Corp.), Consulting Agreement (Angion Biomedica Corp.), Consulting Agreement (Angion Biomedica Corp.)

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Waiver and Severability. The waiver by either party of a breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be invalid, illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties heretoregulation, such invalidity, illegality or unenforceability shall not affect the validity and validity, legality or enforceability of the other provisions of this Agreement.

Appears in 9 contracts

Samples: Employment Agreement (Chadmoore Wireless Group Inc), Employment Agreement (Chadmoore Wireless Group Inc), Employment Agreement (Giant Group LTD)

Waiver and Severability. The An individual waiver by either party of a breach of any terms or conditions provision of this Agreement requires the consent of the party whose rights are being waived and such waiver shall not operate or be construed as constitute a subsequent waiver of any subsequent breach by such partyother breach. In the event that If a court of competent jurisdiction declares any one or more of the provisions provision of this Agreement shall be declared to be illegal invalid or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties heretounenforceable, such illegality or unenforceability judgment shall not affect invalidate or render unenforceable the validity and enforceability remainder of the other provisions Agreement, provided the basic purposes of this AgreementAgreement are achieved through the provisions remaining herein.

Appears in 6 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Waiver and Severability. The waiver by either party of a any default or breach of any terms or conditions of this Agreement shall not operate or be construed as constitute a waiver of any other or subsequent breach by such partydefault or breach. In the event that any one provision of this Agreement is determined to be invalid or more unenforceable by a court of competent jurisdiction, then the other provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity continue in full force and enforceability of the other provisions of this Agreementeffect.

Appears in 4 contracts

Samples: Computer Based Testing Candidate Examination Agreement, Testing Candidate Examination Agreement, www.acquia.com

Waiver and Severability. A. The waiver by either party of a breach of any terms or conditions provision of this Agreement shall not operate or be construed as a waiver of the same or any subsequent other breach by such party. In the event that any one or more either of the provisions of this Agreement shall be declared parties to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement, whether prior or subsequent.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Xm Satellite Radio Holdings Inc), Non Qualified Stock Option Agreement (Xm Satellite Radio Inc), Non Qualified Stock Option Agreement (Xm Satellite Radio Holdings Inc)

Waiver and Severability. The waiver by either party of a partyof any default or breach of any terms or conditions of this Agreement shall not operate or be construed as constitute a waiver of any other or subsequent breach by such partydefault or breach. In the event that any one provision of this Agreement is determined to be invalid or more unenforceable by a court of competent jurisdiction, then the other provisions of this Agreement shall be declared to be illegal or unenforceable under any lawcontinue in full force andeffect. Exceptfor actions for breach of Juniper Networks proprietaryrights, rule or regulation no action, regardless of any government having jurisdiction over the parties heretoform, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions arising out of this AgreementAgreement maybebroughtby either partymore than two years after thecauseof action has accrued.

Appears in 2 contracts

Samples: Juniper Networks Certification, Juniper Networks Certification

Waiver and Severability. The A waiver by either party of a breach of any terms breach or conditions provision of this Agreement shall only be effective if it is made in writing and signed by an authorized representative of the Party who is waiving the breach or provision. Any waiver so given will not operate or be construed as deemed a waiver of that provision or any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability and shall not affect the validity and enforceability of the any other provisions term of this Agreement.. To

Appears in 2 contracts

Samples: www.deltafive.com, www.deltafive.com

Waiver and Severability. The waiver by either party Party of a breach of any terms or conditions of right under this Agreement shall will not operate or be construed as constitute a waiver of any other or subsequent breach by such partyor right. In the event that If any one or more of the provisions provision of this Agreement shall is found unenforceable, it and any related provisions will be declared interpreted to be illegal or best accomplish the unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.provision’s essential purpose

Appears in 2 contracts

Samples: Cloud Subscription Agreement, Master on Premise License Agreement

Waiver and Severability. The waiver by either party of ----------------------- a breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (American Electromedics Corp), Employment Agreement (American Electromedics Corp)

Waiver and Severability. The waiver by either party of a breach of any terms or conditions of right under this Agreement shall will not operate or be construed as constitute a waiver of any subsequent breach by such partyor right. In the event that If any one or more of the provisions provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over severed from the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions remainder of this Agreement, which will otherwise remain in full force and effect.

Appears in 1 contract

Samples: Terms of Use

Waiver and Severability. The Any waiver by either party of a breach of any terms or conditions provision of this Agreement Agreement, or a failure to enforce any breach, shall not operate or be construed as to be a waiver of any subsequent breach by such party. In the event that any one or more of the provisions other provision of this Agreement shall be declared or a future waiver, unless that intent is expressly stated in writing. If any section, sentence or clause of this Agreement is judged to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties heretounenforceable, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions remainder of this Agreement.

Appears in 1 contract

Samples: Air Ambulance Services Agreement (Elite Flight Solutions Inc)

Waiver and Severability. The waiver by either party of a any default or ----------------------- breach of any terms or conditions of this Agreement shall not operate or be construed as constitute a waiver of any subsequent breach by such partyother default or breach. In the event that Unenforceability or invalidity of any one or more of the provisions provision of this Agreement shall be declared to be illegal or not render this Agreement unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreementas a whole.

Appears in 1 contract

Samples: Corporate License and Services Agreement (Loislaw Com Inc)

Waiver and Severability. The An individual waiver by either party of a breach of any terms or conditions provision of this Agreement requires the consent of the Party whose rights are being waived and such waiver shall not operate or be construed as constitute a subsequent waiver of any subsequent breach by such partyother breach. In the event that If a court of competent jurisdiction declares any one or more of the provisions provision of this Agreement shall be declared to be illegal invalid or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties heretounenforceable, such illegality or unenforceability judgment shall not affect invalidate or render unenforceable the validity and enforceability remainder of the other provisions Agreement, provided the basic purposes of this AgreementAgreement are achieved through the provisions remaining herein.

Appears in 1 contract

Samples: Master Services Agreement

Waiver and Severability. The No waiver by either party of a any breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such partybreach. In the event that The invalidity of unenforceability of any one or more of the provisions provision of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and of enforceability of the any other provisions provision of this Agreement.

Appears in 1 contract

Samples: www.transportandmarine.co.nz

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Waiver and Severability. The waiver by either party of a ----------------------- breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Equidyne Corp)

Waiver and Severability. The waiver by either party of a breach violation of any terms or conditions provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach by such party. In the event that any one or more of the same or other provisions hereof. If any provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall be declared valid and enforceable to be illegal or unenforceable under any the fullest extent permitted by law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.

Appears in 1 contract

Samples: Business Associate Agreement

Waiver and Severability. A. The waiver by either party of a breach of any terms or conditions ----------------------- provision of this Agreement shall not operate or be construed as a waiver of the same or any subsequent other breach by such party. In the event that any one or more either of the provisions of this Agreement shall be declared parties to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement, whether prior or subsequent.

Appears in 1 contract

Samples: Xm Satellite Radio Holdings Inc

Waiver and Severability. The waiver by either ----------------------- party of a breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (American Electromedics Corp)

Waiver and Severability. The waiver by either party Party of a breach of any terms or conditions provision of this Agreement shall not operate or be construed as a waiver of the same or any subsequent other breach by such party. In the event that any one or more either of the provisions Parties to this Agreement, whether prior or subsequent. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remainder of this Agreement shall not thereby be declared affected, and this Agreement shall be deemed to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over amended to the parties hereto, extent necessary to delete such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreementprovision.

Appears in 1 contract

Samples: Individual Facilitator Agreement

Waiver and Severability. The No waiver by either party of a breach of any terms or conditions breach of this Agreement shall not operate or be construed as constitute a waiver of any subsequent other breach by such party. In the event that any one or more of the provisions same or any other provision of this Agreement, and no waiver shall be effective unless made in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be severed and the remainder of this Agreement shall continue in full force and effect. Unless stated otherwise, all remedies provided for in this Agreement shall be declared cumulative and in addition to be illegal or unenforceable under and not in lieu of any other remedies available to either party at law, rule in equity, or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreementotherwise.

Appears in 1 contract

Samples: Professional Services Agreement (Rg Global Lifestyles Inc)

Waiver and Severability. (1) The waiver by either party of a breach of any terms or conditions provision of this Agreement shall not operate or be construed as a waiver of the same or any subsequent other breach by such party. In the event that any one or more either of the provisions of this Agreement shall be declared parties to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement, whether prior or subsequent.

Appears in 1 contract

Samples: Services Agreement (Network Cadence, Inc.)

Waiver and Severability. The waiver by either party of a ------------------------ breach of any terms or conditions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. In the event that any one or more of the provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Equidyne Corp)

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