Common use of Severability and Waiver Clause in Contracts

Severability and Waiver. If any portion of this agreement is subsequently deemed invalid or unenforceable for any reason, the remaining portions of the agreement shall continue to be valid and enforceable. The failure of either party to strictly enforce any terms of this agreement shall not be construed as a waiver or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreement.

Severability and Waiver. If any portion provision of this agreement is subsequently deemed Agreement shall be declared to be invalid or unenforceable for any reasonunenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining portions provisions hereof, which shall remain in full force and effect. Failure to insist upon strict compliance with any of the agreement shall continue to be valid and enforceable. The failure of either party to strictly enforce any terms of this agreement Agreement shall not be construed as deemed a waiver of such term unless such waiver is in writing signed by the party against whom it is asserted. Any waiver of any right hereunder at any time shall not be deemed a waiver at any other time or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementtimes.

Severability and Waiver. If In the event any portion provision of this agreement Agreement is subsequently deemed held to be invalid or unenforceable for any reasonunenforceable, the remaining portions provisions of the agreement shall continue to be valid and enforceablethis Agreement will remain in full force. The failure waiver by either Party of either party to strictly enforce any terms default or breach of this agreement Agreement shall not be construed as constitute a waiver of any other or limitation subsequent default or breach. Except for actions for nonpayment or breach of Internap’s proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the party’s right to subsequently enforce and require strict compliance with other portions cause of the agreementaction has accrued.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed found invalid or unenforceable for any reasonunenforceable, that provision will be enforced to the remaining portions maximum extent permissible so as to affect the intent of the agreement shall continue to be valid parties and enforceable. The failure of either party to strictly enforce any terms the remainder of this agreement shall not Agreement will remain in full force and effect. Neither party will be construed as deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or limitation subsequent breach of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementthis Agreement.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed held to be invalid or unenforceable for any reasonby a court of competent jurisdiction, the enforceability of all remaining portions of the agreement shall continue to be valid and enforceable. The failure of either party to strictly enforce any terms provisions of this agreement Agreement will not be impaired and will remain in full force and effect. If either Party fails to exercise, or delays its exercise of, any right, remedy, power or privilege under this Agreement, such failure or delay shall not be construed operate as a waiver or limitation thereof in any later instance. No waiver shall be effective unless it is in writing and is signed by an authorized officer of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementStellar.

Severability and Waiver. If this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable as to particular provisions, this Agreement will remain in full force and effect as to the remaining provisions. No verbal or implied waiver of any portion breach of any provisions of this agreement is subsequently deemed invalid Agreement will constitute a waiver of any prior, concurrent, or unenforceable for any reason, the remaining portions subsequent breach of the agreement shall continue to be valid and enforceablesame or any other provisions in this Agreement. The failure of Any waiver by either party must be in writing and delivered to strictly enforce any terms of this agreement shall not be construed as a waiver or limitation of the other party’s right to subsequently enforce and require strict compliance with other portions of the agreement.

Severability and Waiver. If any portion provision of this agreement the Agreement is subsequently deemed found to be illegal or otherwise unenforceable, the invalid or unenforceable for any reasonprovision shall be deemed to be curtailed or revised to the extent necessary to make such provision valid and enforceable and all other provisions of the Agreement shall remain enforceable and unaffected thereby. None of the failure, the remaining portions of the agreement shall continue to be valid and enforceable. The failure of either delay by any party to strictly enforce exercise, or the partial exercise of any terms of this agreement shall not be construed right under the Agreement will operate as a waiver or limitation estoppel of such right, nor shall such amend the party’s right Agreement. All waivers requested by a party must be signed by the waiving party to subsequently enforce and require strict compliance with other portions of the agreementbe effective.

Severability and Waiver. If any portion provision or provisions of this agreement is subsequently deemed invalid Agreement shall be held to be invalid, illegal or unenforceable for any reasonunenforceable, the remaining portions validity, legality and enforceability of the agreement remaining provisions shall continue to not in any way be valid and enforceableaffected or impaired thereby. The failure of waiver by either party to strictly enforce of any terms default or breach of this agreement the Agreement shall not be construed as constitute a waiver of any other or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementsubsequent default or breach.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed determined by a court of competent jurisdiction to be invalid or unenforceable for any reasonunenforceable, that provision will be deemed severable from the remaining portions of the agreement shall continue to be other provisions which will remain valid and enforceable. The failure of either party to strictly enforce any terms of this agreement shall not Agreement may only be construed as a waived in writing and signed by both Parties. No failure by either Party to insist upon the other Party’s performance of any obligations hereunder will constitute waiver or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementunless in writing.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed invalid or unenforceable for any reasonheld to be unenforceable, such provision will be enforced to the remaining portions extent possible consistent with the stated intention of the agreement shall continue parties, or, if incapable of such enforcement, will be deemed to be valid and enforceablesevered from this Agreement, while the remainder of this Agreement will continue in effect. The failure of waiver by either party to strictly enforce of any terms breach of this agreement shall Agreement will not be construed as constitute a waiver of any other or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementsubsequent breach.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed held to be invalid or unenforceable for any reasonunenforceable, the valid or enforceable portion thereof and the remaining portions provisions of the agreement shall continue this Agreement will remain in full force and effect. Any waiver or failure to be valid and enforceable. The failure of either party to strictly enforce any terms provision of this agreement shall Agreement on one occasion will not be construed as deemed a waiver of any other provision or limitation of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the party’s right to subsequently enforce remedies provided herein are in addition to, and require strict compliance with not exclusive of, any other portions remedies of the agreementa party at law or in equity.

Severability and Waiver. If any portion of this agreement is subsequently deemed invalid or unenforceable for any reason, the remaining portions of the agreement Agreement shall continue be held to be valid invalid, inoperative, or unenforceable, then, so far as possible, effect shall be given to the intent manifested by the portion held invalid, inoperative, or unenforceable, and enforceablethe remainder of this Agreement shall remain in full force and effect. The No waiver or failure of to enforce any or all rights under this Agreement by either party to strictly enforce on any terms of this agreement occasion shall not be construed as constitute a waiver or limitation of the that party’s 's right to subsequently enforce and require strict compliance with assert the same or any other portions of the agreementrights on that or any other occasion.

Severability and Waiver. If any portion of provision in this agreement Agreement is subsequently deemed held invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable for provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver under this Agreement must be in writing and signed by the party granting the waiver. Waiver of any reason, the remaining portions breach or provision of this Agreement will not be considered a waiver of any later breach or of the agreement shall continue right to be valid and enforceable. The failure of either party to strictly enforce any terms provision of this agreement shall not be construed as a waiver or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementAgreement.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed invalid held illegal, invalid, or unenforceable, all other provisions of this Agreement will nevertheless be effective, and the illegal, invalid, or unenforceable for any reason, provision will be considered modified such that it is valid to the remaining portions maximum extent permitted by law. Any waiver of the agreement shall continue provisions of this Agreement must be in writing and signed by the party granting the waiver. Waiver of any breach or provision of this Agreement will not be considered a waiver of any later breach or of the right to be valid and enforceable. The failure of either party to strictly enforce any terms provision of this agreement shall not be construed as a waiver or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementAgreement.

Severability and Waiver. If any portion provision in this Agreement is held illegal, invalid, or unenforceable, the other provisions of this agreement is subsequently deemed invalid Agreement will remain enforceable, and the illegal, invalid, or unenforceable for provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver under this Agreement must be in writing and signed by the party granting the waiver. Waiver of any reason, the remaining portions breach or provision of this Agreement will not be considered a waiver of any later breach or of the agreement shall continue right to be valid and enforceable. The failure of either party to strictly enforce any terms provision of this agreement shall not be construed as a waiver or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementAgreement.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed invalid held to be illegal, invalid, or unenforceable for any reasonotherwise unenforceable, such provision will be enforced to the remaining portions extent possible consistent with the stated intention of the agreement shall continue Parties, or, if incapable of such enforcement, will be deemed to be valid severed and enforceabledeleted from this Agreement, while the remainder of this Agreement will continue in full force and effect. The failure waiver by either Party of either party to strictly enforce any terms default or breach of this agreement shall Agreement will not be construed as constitute a waiver of any other or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementsubsequent default or breach.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed invalid held to be illegal, invalid, or unenforceable for any reasonotherwise unenforceable, such provision will be enforced to the remaining portions extent possible consistent with the stated intention of the agreement shall continue parties, or, if incapable of such enforcement, will be deemed to be valid severed and enforceabledeleted from this Agreement, while the remainder of this Agreement will continue in full force and effect. The failure of waiver by either party to strictly enforce of any terms default or breach of this agreement shall Agreement will not be construed as constitute a waiver of any other or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementsubsequent default or breach.

Severability and Waiver. If In the event that any portion provisions of this agreement is subsequently deemed Agreement are determined to be invalid or unenforceable for any reasonby a court of competent jurisdiction, the remaining portions remainder of the agreement shall continue to be valid Agreement will remain in full force and enforceableeffect without said provision. The failure of either a party to strictly enforce any terms provision of this agreement shall the Agreement will not be construed as to be a waiver or limitation of the party’s right of such party to subsequently thereafter enforce and require strict compliance with that provision or any other portions of the agreementprovision or right.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed invalid held to be unenforceable or unenforceable for any reasoninvalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the remaining portions failure to exercise a right or to require performance of the agreement shall continue to be valid and enforceable. The failure of either party to strictly enforce any terms of an obligation under this agreement Agreement shall not be construed as effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementany subsequent breach.

Severability and Waiver. If In the event any portion provision of this agreement Agreement is subsequently deemed held to be invalid or unenforceable for any reasonunenforceable, the remaining portions provisions of the agreement shall continue to be valid and enforceablethis Agreement will remain in full force. The failure waiver by either Party of either party to strictly enforce any terms default or breach of this agreement Agreement shall not be construed as constitute a waiver of any other or limitation subsequent default or breach. Except for actions for nonpayment or breach of Meriplex's proprietary rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one year after the party’s right to subsequently enforce and require strict compliance with other portions cause of the agreementaction has accrued.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed found invalid or unenforceable for any reasonunenforceable, that provision will be enforced to the remaining portions maximum extent permissible so as to effect the intent of the agreement shall continue to be valid parties and enforceable. The failure of either party to strictly enforce any terms the remainder of this agreement shall not Agreement will remain in full force and effect. Neither party will be construed as deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or limitation subsequent breach of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementthis Agreement.

Severability and Waiver. If any portion provision of this agreement Agreement, or the application of such provision, is subsequently deemed invalid or unenforceable for under any reasonapplicable statute or rule of law, the remaining portions provisions of the agreement this Agreement shall continue to be valid remain in full force and enforceableeffect. The failure of by either party Party to strictly enforce any terms provision of this agreement Agreement or to exercise any right in respect thereto shall not be construed as constituting a waiver or limitation of the party’s its right to subsequently enforce and require strict compliance with other portions of the agreementhereunder.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed held to be illegal, invalid or unenforceable for any reasonotherwise unenforceable, such provision will be enforced to the remaining portions extent possible consistent with the stated intention of the agreement shall continue parties, or, if incapable of such enforcement, will be deemed to be valid severed and enforceabledeleted from this Agreement, while the remainder of this Agreement will continue in full force and effect. The failure of waiver by either party to strictly enforce of any terms default or breach of this agreement shall Agreement will not be construed as constitute a waiver of any other or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementsubsequent defa ult or breach.

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed held invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable for provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver under this Agreement must be in writing and signed by the party granting the waiver. Waiver of any reason, the remaining portions breach or provision of this Agreement will not be considered a waiver of any later breach or of the agreement shall continue right to be valid and enforceable. The failure of either party to strictly enforce any terms provision of this agreement shall not be construed as a waiver or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementAgreement.

Severability and Waiver. If any portion provision of this agreement Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. Further, the provision that is subsequently deemed invalid held to be invalid, illegal or unenforceable for any reason, shall remain in effect to the remaining portions extent possible in accordance with the intention of the agreement shall continue to be valid and enforceableparties. The failure of either party to strictly enforce exercise in any terms of this agreement respect any right provided for herein shall not be construed as deemed a waiver or limitation of the party’s any right to subsequently enforce and require strict compliance with other portions of the agreementhereunder.

Severability and Waiver. If any portion provision of this agreement is subsequently deemed held invalid or unenforceable for any reasonby a court or agency having proper jurisdiction, the remaining portions of the agreement shall continue to be valid and enforceable. The failure of either party to strictly enforce any terms all other provisions of this agreement will remain in full force and effect. Neither failure nor delay on the part of any party in exercising any right, power or privilege hereunder shall not be construed operate as a waiver waiver, nor shall any single or limitation partial exercise preclude any further exercise of any other right, power or privilege. All waivers must be signed by the party’s right to subsequently enforce and require strict compliance with other portions of the agreementparty waiving its right(s).

Severability and Waiver. If any portion provision of this agreement Agreement is subsequently deemed determined by a court of competent jurisdiction to be invalid or unenforceable for any reasonunenforceable, that provision will be deemed severable from the remaining portions of the agreement shall continue to be other provisions which will remain valid and enforceable. The failure of either party to strictly enforce any terms of this agreement shall not Agreement may only be construed as a waived in writing and signed by both Parties. No failure by either Party to insist upon the other Party's performance of any obligations hereunder will constitute waiver or limitation of the party’s right to subsequently enforce and require strict compliance with other portions of the agreementunless in writing.