Common use of Sever ability Clause in Contracts

Sever ability. If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms of this Agreement remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Service Provider and Client. Service Provider may not assign this agreement without the prior written consent of Client (which consent shall not unreasonably be withheld), except that in the event of the merger or consolidation of Service Provider with or into another corporation or in the event of liquidation of Service Provider this agreement may, without Client’s consent, be assigned to the corporation into or with which Service Provider is merged, consolidated or liquidated or to the party succeeding Service Provider’s interests as a result of such liquidation, in which case the successor to Service Provider shall succeed to all of Service Provider’s rights and be bound by all its obligations hereunder. Subject to the foregoing this agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns.

Appears in 2 contracts

Sources: It Services Complete Maintenance Agreement, It Services Complete Maintenance Agreement