Severability and Substitution Sample Clauses
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Severability and Substitution. (i) Except as expressly provided to the contrary herein, each part of this Agreement shall be severable. If any provision is held invalid, or in conflict with any applicable law or regulation in a final unappealable ruling by a competent court, agency or other tribunal in a proceeding to which Franchisor is a party, the ruling shall not impair or otherwise effect remaining parts of this Agreement that remain enforceable. Any portion held invalid shall be deemed not to be part of this Agreement when the time for appeal expires if Franchisee is a party to such proceeding, otherwise when Franchisee receives notice of non-enforcement of such provision from Franchisor.
(ii) To the extent that Sections 13 or 24, relating to trademarks, Confidential Information, non-competition, and non-solicitation, or any part of such sections is unenforceable because of geographical, temporal or subject-matter scope, but could be enforceable by reducing any or all of such scope, such provisions shall be enforced to the fullest extent permissible under applicable laws and public policies.
(iii) Franchisee shall satisfy the maximum duty permitted by law under any promise or covenant subsumed within any of this Agreement, that results from reducing any provision, or specification, standard or operating procedure prescribed by Franchisor, or striking from any such provision, specification, standard or operating procedure, any portion(s) that a court holds unenforceable, or orders to be unenforced, in a final decision to which Franchisor is a party, as if the remaining promise or covenant were a separately articulated part of this Agreement. Such modifications to this Agreement shall be effective only in such jurisdiction, unless Franchisor elects to make them applicable in other jurisdictions.
Severability and Substitution. Each section and provision of this Agreement is severable. If a court concludes that any promise or covenant in this Agreement is unreasonable and unenforceable: (a) the court may modify such promise or covenant to the minimum extent necessary to make such promise or covenant enforceable; or (b) we may unilaterally modify such promise or covenant to the minimum extent necessary to make such promise or covenant enforceable.
Severability and Substitution. In addition to severability in Paragraph 6, in the event any provision of this Agreement is determined by a court of competent jurisdiction to be legally invalid or unenforceable under the law applicable in a particular case, then it is the intention of the parties to this Agreement that such provision be deemed inoperative and stricken from this Agreement, and that the remainder of this Agreement, to the extent not legally invalid or unenforceable under applicable law, be enforced as written and as if the invalid or unenforceable provision had not been included in this Agreement.
Severability and Substitution. If any provision of this Agreement shall be declared illegal, invalid, or unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this Agreement (to the extent permitted by law) and in any event such illegality, invalidity or unenforceability shall not affect the remainder hereof.
Severability and Substitution. Each section, subsection, term and provision of this Agreement, and any portion thereof, shall be considered severable. If any applicable and binding law imposes mandatory, non-waivable terms or conditions that conflict with a provision of this Agreement, the terms or conditions required by such law shall govern to the extent of the inconsistency and supersede the conflicting provision of this Agreement. If a court concludes that any promise or covenant in this Agreement is unreasonable and unenforceable, the court may modify such promise or covenant to the minimum extent necessary to make such promise or covenant enforceable.
Severability and Substitution. 33 25.2. WAIVER................................................................34 25.3. NONWAIVER.............................................................34 25.4. FORCE MAJEURE.........................................................34 25.5. SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF............................34 25.6. RIGHTS CUMULATIVE.....................................................35 25.7. GOVERNING LAW.........................................................35 25.8. ARBITRATION...........................................................35 25.9. BINDING EFFECT........................................................35 25.10. MODIFICATION..........................................................35 25.11. CONSTRUCTION..........................................................35 25.12. ATTORNEYS' FEES AND EXPENSES.........................................36
Severability and Substitution. 33 25.2. WAIVER........................................................ 34 25.3. NONWAIVER..................................................... 34 25.4. FORCE MAJEURE................................................. 35 25.5. SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF.................... 35
Severability and Substitution. If any part of this Agreement, or any Task Order issued hereunder, is found unenforceable under applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, and a similar, valid and enforceable provision of like effect and intent shall be inserted in its place as far as is practicable. If the unenforceable part of this Agreement or Task Order cannot be remedied by substitution, it shall be excised and the remainder of the Agreement or Task Order shall be in full force and effect as if adopted in its absence. To this extent, the parties declare this Agreement and all subordinate Task Orders to be severable.
Severability and Substitution. If any part of this Master Agreement, or any Task Order issued hereunder, is found unenforceable under applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, and a similar, valid and enforceable provision of like effect and intent shall be inserted in its place as far as is practicable. If the unenforceable part of this Master Agreement or Task Order cannot be remedied by substitution, it shall be excised and the remainder of the Master Agreement or Task Order shall be in full force and effect as if adopted in its absence. To this extent, the parties declare this Master Agreement and all subordinate Task Orders to be severable.
Severability and Substitution. To the extent that any portion of this Agreement is deemed unenforceable by virtue of its scope in terms of area, business activity prohibited, length of time or remedy, but may be made enforceable by reduction, adjustment or modification of any or all thereof, you and we agree that this Agreement will be enforced to the fullest extent permissible under the laws or public policies of the jurisdiction in which enforcement is sought, and such reduced or modified provision will be enforced to the fullest extent.