GENERAL PROVISIONS Severability Sample Clauses
The Severability clause ensures that if any part of the contract is found to be invalid or unenforceable, the remainder of the agreement will still remain in effect. In practice, this means that if a court strikes down a specific provision, the rest of the contract continues to bind the parties as intended, except for the problematic section. This clause is essential for maintaining the integrity of the agreement, as it prevents the entire contract from being voided due to one unenforceable term.
GENERAL PROVISIONS Severability. If any provision of the Agreement is found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement. Arbitration For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and the judgment there may be entered in any court of competent jurisdiction. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. Jury Trial Waiver YOU AND KENTUCKY BANK EACH HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF THIS AGREEMENT OR RELATING TO THE ACCOUNT AS PERMITTED UNDER APPLICABLE LAW. Waiver/No Waiver We may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not constitute a waiver of the term or provision in the future. The Bank shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedie...
GENERAL PROVISIONS Severability. 3.1 This agreement supersedes and replaces any and all prior contracts or agreements, written or oral between the parties relating to the confidential information covered by this agreement.
3.2 This agreement shall be amended only in writing. The foregoing shall apply to any waiver or amendment of this written form requirement.
3.3 The Receiving Partner shall not transfer or assign its rights or obligations under this agreement in whole or in part without the prior written consent of the other party.
3.4 In the event any provision of this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, the remaining provisions of this agreement shall remain in full force and effect to the maximum extent possible. In such case the invalid, illegal or unenforceable provision shall be replaced by a valid, legal or enforceable provision which is as close as possible to what the parties had or would have had in mind with regard to the purpose of the provision. The same shall apply to any omission in this agreement.
3.5 This agreement shall be governed by the laws of Germany. Place of jurisdiction shall be Nuremberg.
GENERAL PROVISIONS Severability. If any provision of this Agreement is or becomes invalid under any provision of federal, state or local law, such invalidity shall not affect the validity and enforceability of any other provision hereof.