Severability and Termination Clause Samples

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. 1415NMS, LLC A California limited liability company By: Name: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Title: Manager CITY OF SANTA ▇▇▇▇▇▇, a municipal corporation By: Name: ▇▇▇▇ ▇▇▇▇ Title: City Manager ATTEST: By: Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ Acting City Clerk APPROVED AS TO FORM: By: Name: ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ City Attorney All that certain real property situated in the County of Los Angeles, State of California, described as follows: 1. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time payments are made: (a) Upon submittal for Architectural Review Board (ARB) review, Developer shall pay City fees for processing of ARB applications; (b) Upon submittal for plan check, Developer shall pay City plan check fees; (c) Prior to issuance of construction permits, Developer shall pay the following City fees and all other standard fees imposed on similar development projects:  Building, Plumbing, Mechanical, Electrical, Grading, Seismic Mapping, Excavation and Shoring Permit fees (collected by Building & Safety)  Shoring Tieback fee (collected by EPWM)  Construction and Demolition (C&D) Waste Management fee (SMMC Chapter 8.108) (collected by EPWM) (collected by EPWM)  Wastewater Capital Facilities Fee (SMMC Section 7.04.460) (collected by EPWM)  Water Capital Facilities Fee & Water Meter Instillation fee (Water Meter Permit fee) (SMMC Section 7.12.090) (collected by EPWM)  Fireline Meter fee (SMMC Section 7.12.090) (collected by EPWM)

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. This Agreement is executed by the Parties on the date first set forth above and is made effective on and as of the Effective Date. MACERICH SMP LP, a Delaware limited partnership By: MACERICH SMP GP LLC, a Delaware limited liability company, its general partner By: Name: _ Title: CITY OF SANTA ▇▇▇▇▇▇ ATTEST: a municipal corporation By: _

Severability and Termination. 1. In the event any provision of this Agreement is deemed by a Federal court to be contrary to, or in violation of, any applicable existing law or regulation of the United States of America, only the conflicting provision(s) shall be deemed null and void, and the remaining provisions of the Agreement shall remain in effect. 2. A participating Tribe may notify the other Signatories that it is fully withdrawing from participation in the Agreement. Following such a withdrawal, FEMA shall review undertakings that may affect historic properties of religious and cultural significance to the Tribe, and Undertakings that occur on the Tribal lands of the relevant Tribe, in accordance with 36 CFR §§ 800.3 through 800.7, 36 CFR § 800.8(c), or an applicable alternative under 36 CFR § 800.14. Withdrawal from this Agreement by a Tribe does not terminate the Agreement. At any time that this Agreement remains in effect, a Tribe that has withdrawn from the Agreement may notify FEMA, the Recipient, and SHPO in writing that it has rescinded its notice withdrawing from participation in the Agreement. 3. The ACHP and Signatories other than participating Tribes may terminate this Agreement by providing thirty (30) days written notice to the other Signatories, provided that the Signatories consult during this period to seek amendments or other actions that would prevent termination. If this Agreement is terminated, FEMA shall comply with Section 106 through other applicable means pursuant to 36 CFR Part 800. Upon such determination, FEMA shall provide all other Signatories and the ACHP with written notice of the termination of this Agreement. 4. This Agreement may be terminated by the implementation of a subsequent Agreement, pursuant to 36 CFR § 800.14(b), that explicitly terminates or supersedes this Agreement, or by FEMA’s implementation of Alternate Procedures, pursuant to 36 CFR § 800.14(a).

Severability and Termination. 1. In the event any provision of this Agreement is deemed by a Federal court to be contrary to, or in violation of, any applicable existing law or regulation of the United States of America, only the conflicting provision(s) shall be deemed null and void, and the remaining provisions of the Agreement shall remain in effect. 2. FEMA, the SHPO, ACHP, or Recipient(s) may terminate this Agreement by providing thirty (30) days written notice to the other Signatories, provided that the Signatories consult during this period to seek amendments or other actions that would prevent termination. If this Agreement is terminated, FEMA shall comply with Section 106 through other applicable means pursuant to 36 CFR Part 800. Upon such determination, FEMA shall provide all other Signatories and the ACHP with written notice of the termination of this Agreement. 3. A participating Tribe organization may notify the other Signatories that it is fully withdrawing from participation in the Agreement. Following such a withdrawal, FEMA shall review undertakings that may affect historic properties of religious and cultural significance to the Tribe, and Undertakings that occur on the Tribal lands of the relevant Tribe, in accordance with 36 CFR §§ 800.3 through 800.7, 36 CFR § 800.8(c), or an applicable alternative under 36 CFR § 800.14. Withdrawal from this Agreement by a Tribe does not terminate the Agreement. At any time that this Agreement remains in effect, a Tribe that has withdrawn from the Agreement may notify FEMA, the Recipient(s), and SHPO in writing that it has rescinded its notice withdrawing from participation in the Agreement. --DRAFT-- 4. This Agreement may be terminated by the implementation of a subsequent Agreement, pursuant to 36 CFR § 800.14(b), that explicitly terminates or supersedes this Agreement, or by FEMA’s implementation of Alternate Procedures, pursuant to 36 CFR § 800.14(a).

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.

Severability and Termination. 1. In the event any provision of this Agreement is deemed by a Federal court to be contrary to, or in violation of, any applicable existing law or regulation of the United States of America, only the conflicting provision(s) shall be deemed null and void, and the remaining provisions of the Agreement shall remain in effect. 2. FEMA, the SHPO, ACHP, or Recipient may terminate this Agreement by providing thirty (30) days written notice to the other Signatories, provided that the Signatories consult during this period to seek amendments or other actions that would prevent termination. If this Agreement is terminated, FEMA shall comply with Section 106 through other applicable means pursuant to 36 CFR Part 800. Upon such determination, FEMA shall provide all other Signatories and the ACHP with written notice of the termination of this Agreement. 3. This Agreement may be terminated by the implementation of a subsequent Agreement, pursuant to 36 CFR § 800.14(b), that explicitly terminates or supersedes this Agreement, or by FEMA’s implementation of Alternate Procedures, pursuant to 36 CFR § 800.14(a).

Severability and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. Lantana South ▇▇▇▇▇ Development, LLC, a limited liability company By: Title: City of Santa ▇▇▇▇▇▇ By: DRAFT Title: ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Clerk APPROVED AS TO FORM: By: ▇▇▇▇▇▇ ▇▇▇▇▇ Moutrie, City Attorney PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 24589, IN THE CITY OF SANTA ▇▇▇▇▇▇, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 277 PAGES 62, 63 AND 64 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID LAND IS ALSO KNOWN AS FOLLOWS: ALL THAT CERTAIN PIECE OR PARCEL MAP OF LAND SITUATED IN THE CITY OF SANTA ▇▇▇▇▇▇, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN VOLUME 955 OF DEEDS, AT PAGE 142, RECORDS OF SAID COUNTY, WITH THE NORTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE OF DORCHESTER AVENUE, 60 FEET WIDE, AS SHOWN ON MAP OF TRACT NO. 7993, RECORDED IN BOOK 98 PAGES 89 TO 91 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN THE INDENTURE DATED SEPTEMBER 19, 1941, RECORDED IN BOOK 18890 PAGE 141, OFFICIAL RECORDS, NORTH 13 DEGREES 55 MINUTES WEST 300 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT 50 FEET SOUTHERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY’S MAIN TRACT; THENCE NORTH 76 DEGREES 05 MINUTES EAST ALONG SAID PARALLEL LINE, 726 FEET; THENCE SOUTH 13 DEGREES 55 MINUTES EAST 300 FEET TO A POINT IN THE SOUTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DEED RECORDED IN VOLUME 955 OF DEEDS, AT PAGE 142; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 76 DEGREES 05 MINUTES WEST 726 FEET TO THE POINT OF BEGINNING. 1 To be revised pursuant to Section 2.10 above upon recordation of the Parcel Map No. 060876. Developer shall pay the following fees and charges that are within the City’s jurisdiction and at the rate in effect at the time applications are made: 1. Upon submittal for Architectural Review Boar...

Severability and Termination. A. In the event any provision of this Agreement is deemed by a federal court to be contrary to, or in violation of, any applicable existing law or regulation of the United States of America, only the conflicting provision(s) shall be deemed null and void, and the remaining provisions of the Agreement shall remain in effect. B. USACE or ACHP may terminate this Agreement by providing thirty (30) days written notice to the other Signatories, provided that the Signatories consult during this period to seek amendments or other actions that would prevent termination. If this Agreement is terminated, USACE shall comply with Section 106 through other applicable means pursuant to 36 CFR Part 800. Upon such determination, USACE shall provide all other Signatories and ACHP with written notice of the termination of this Agreement and the current status of any on-going ABRs. C. A Consulting Tribe may notify the other Signatories that it is fully withdrawing from participation in the Agreement. Following such a withdrawal, USACE shall review Undertakings that may affect historic properties of religious and cultural significance to the Consulting Tribe , and Undertakings that occur on the Tribal Lands of the relevant Consulting Tribe, in accordance with 36 CFR §§ 800.3 through 800.7, 36 CFR § 800.8(c), or an applicable alternative under 36 CFR § 800.14. Withdrawal from this Agreement by a Consulting Tribe does not otherwise terminate the Agreement. At any time that this Agreement remains in effect, a Consulting Tribe that has withdrawn from the Agreement may notify USACE and SHPO in writing that it has elected to participate again rescinded its notice withdrawing from participation in the Agreement. D. Any SHPO of jurisdiction or Tribal Signatory may withdraw from this PA after providing USACE written notice ninety (90) calendar days prior to its withdrawal. USACE shall consult with the withdrawing party to identify any mutually acceptable measures that would avoid the party’s withdrawal. If mutually acceptable measures are identified that would require amendment to the PA, USACE will go through the amendment procedures outlined in Stipulation XIV (Amendments). In the case of SHPO withdrawal, the PA would no longer apply within that SHPO’s state and USACE would comply with 36 CFR Part 800 for all undertakings previously subject to this PA in that state. In the case of a Tribal Signatory withdrawing from the PA, USACE would consult with that Tribe pursuant to 36 CFR Part ...

Severability and Termination. 1. In the event any provision of this Agreement shall be deemed contrary to, or in violation of, any applicable existing law or regulation in the State of South Dakota or the United States of America, only the conflicting provision(s) shall be deemed null and void, and the remaining provisions of the Agreement shall remain in effect. 2. FEMA, SHPO or SDOEM may terminate this Agreement by providing thirty (30) days written notice to the other parties, provided that the parties consult during this period to seek amendments or other actions that would prevent termination. If this Agreement is terminated, FEMA will comply with 36 C.F.R. Part 800 or with an applicable program alternative under 36 C.F.R. § 800.