SEVERABILITY; INJUNCTIVE RELIEF Clause Samples
The "Severability; Injunctive Relief" clause serves two main purposes: it ensures that if any part of the contract is found to be invalid or unenforceable, the remainder of the agreement remains effective, and it allows a party to seek immediate court-ordered remedies to prevent harm. In practice, this means that if a specific provision is struck down by a court, the rest of the contract is not affected, and parties can request injunctions—such as restraining orders—to stop breaches that could cause irreparable damage. This clause maintains the integrity of the contract despite legal challenges to individual terms and provides a mechanism for swift legal intervention when necessary.
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SEVERABILITY; INJUNCTIVE RELIEF. 16.1 The terms of this Agreement are severable. If any term hereof is held invalid, illegal, or unenforceable for any reason whatsoever, such term shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms shall not in any way be affected or impaired thereby.
16.2 Both parties acknowledge that remedies at law may be inadequate to provide Licensor or Partner with full compensation in the event of Partner's material breach of Licensor, SAP AG or their respective Affiliates’ Intellectual Property Rights or Confidential Information under Sections 7.1 through 7.5 or Licensor's material breach of Section 7.5 with respect to Partner’s Confidential Information, and that the non-breaching party shall therefore be entitled to seek injunctive relief in the event of any such material breach. Qualification must begin within 120 days of the Effective Date of this Agreement for the number of support personnel as described under “recommended trainings”. Partner must take and pass all required web assessment exams for the applicable Software on the OEM Partner Portal: ▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇.▇▇▇.` Any training/qualification is at the OEM’s expense. All relevant trainings can be found on the OEM Partner Portal: ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇- ▇▇.▇▇/~▇▇▇▇/▇▇▇▇▇▇▇?_▇▇▇=▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇&_▇▇▇▇▇=▇▇▇▇▇▇▇&_▇▇▇▇_▇▇▇=▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇&_▇▇▇▇_▇▇▇=▇▇▇▇▇▇ 035870000019833&_HIER_KEY=601100035870000249181&
▇▇▇▇▇ ▇ Core Qualification: Courses and exams are found on the OEM Partner Portal > Education > Select Role > Select Level 1. Core training on products not listed above can be found at Licensor Education: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/education Versions: Training is typically available for current and prior versions. Qualifications are only available for the latest product version, which may or may not be the product version detailed in this Agreement.
SEVERABILITY; INJUNCTIVE RELIEF. The covenants contained in this Section 8 shall be construed as a series of separate and severable covenants which are identical in terms except for geographic coverage. Employee and Employer agree that if in any proceeding, the tribunal shall refuse to enforce fully any covenants contained herein because such covenants cover too extensive a geographic area or too long a period of time or for any other reason whatsoever, any such covenant shall be deemed amended to the extent (but only to the extent) required by law. Each party acknowledges and agrees that the services to be rendered by Employee to Employer hereunder are of a special and unique character. Each party shall have the right to injunctive relief, in addition to all of its other rights and remedies at law or in equity, to enforce the provisions of this Agreement.
SEVERABILITY; INJUNCTIVE RELIEF. If any provision of this Agreement or the application of any such provision to any Person or circumstance is held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remainder of the provisions of this Agreement (or the application of such provision in other jurisdictions or to Persons or circumstances other than those to which it was held invalid, illegal or unenforceable) will in no way be affected, impaired or invalidated, and to the extent permitted by applicable Law, any such provision will be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable. This provision will be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability.
SEVERABILITY; INJUNCTIVE RELIEF. 17.1 The terms of this Agreement are severable. If any term hereof is held invalid, illegal, or unenforceable for any reason whatsoever, such term shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms shall not in any way be affected or impaired thereby.
17.2 Both parties acknowledge that damages may be inadequate to provide Licensor or Partner with full compensation in the event of Partner's material breach of Licensor, SAP SE or their respective Affiliates’ Intellectual Property Rights or Confidential Information under Sections 7.1 through 7.5 or Licensor's material breach of Section 7.5 with respect to Partner’s Confidential Information, and that the non-breaching party shall therefore be entitled to seek injunctive relief in the event of any such material breach.
SEVERABILITY; INJUNCTIVE RELIEF. 17.1 The terms of this Agreement are severable. If any term hereof is held invalid, illegal, or unenforceable for any reason whatsoever, such term shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms shall not in any way be affected or impaired thereby.
17.2 Both parties acknowledge that remedies at law may be inadequate to provide SAP or OEM with full compensation in the event of OEM's material breach of Sections 7.2 with respect to SAP’s Trademarks, or 7.3 with respect to SAP’s Confidential Information, or SAP's material breach of Section 7.3 with respect to OEM’s Confidential Information. For any such material breach, the non-breaching party shall be entitled to seek injunctive relief. OEM Named: _ (“OEM”) and Customer Address: (hereinafter “Customer”)
SEVERABILITY; INJUNCTIVE RELIEF. (a) If any provision of this Agreement or the application of any such provision to any Person or circumstance is held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remainder of the provisions of this Agreement (or the application of such provision in other jurisdictions or to Persons or circumstances other than those to which it was held invalid, illegal or unenforceable) will in no way be affected, impaired or invalidated, and to the extent permitted by applicable Law, any such provision will be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable. This provision will be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability.
(b) The parties acknowledge and agree that the provisions of Sections 8.2 and 8.3(b) are reasonably necessary to protect the legitimate interests of Purchaser, its Affiliates and their businesses and Seller, its Affiliates and their businesses (in the case of Section 8.3(b) only) and that any violation of Sections 8.2 or 8.3(b) will result in irreparable injury to Purchaser and its Affiliates (or Seller and its Affiliates, in the case of Section 8.3(b) only), the exact amount of which will be difficult to ascertain and the remedies at Law for which will not be reasonable or adequate compensation to Purchaser and its Affiliates (or Seller and its Affiliates, in the case of Section 8.3(b) only) for such a violation. Accordingly, Seller agrees that if it violates any of the provisions of Section 8.2 or 8.3(b), and Purchaser agrees that if it violates any of the provisions of Section 8.3(b), in addition to any other remedy available at Law or in equity, Purchaser (or Seller, in the case of Section 8.3(b) only) will be entitled to seek specific performance or injunctive relief without posting a bond, or other security, and without the necessity of proving actual damages.
SEVERABILITY; INJUNCTIVE RELIEF. 16.1 The terms of the Agreement are severable. If any term hereof is held invalid, illegal, or unenforceable for any reason whatsoever, such term shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms shall not in any way be affected or impaired thereby.
16.2 Both parties acknowledge that remedies at law may be inadequate to provide Licensor or OEM with full compensation in the event of OEM's material breach of sections 7.2 (Trademarks) or 7.5 (Reverse Engineering, Source Code) with respect to Licensor’s Confidential Information and its Trademarks or Licensor's material breach of section 7.5 with respect to OEM’s Confidential Information, and that the non- breaching party shall therefore be entitled to seek injunctive relief in the event of any such material breach. It is not the intention under this Agreement for Licensor to process personal data of Partners or End Users (except for the usage of the SAP HANA Cloud Platform as set forth in the respective Exhibit). Rather, processing of Partner or End User personal data will take place only in exceptional circumstances as an incidental effect of Licensor’s performing its contractual duties. To the extent Licensor does process personal data of Partner or End User and such processing constitutes commissioned data processing by Licensor under EU Directive 95/46/EC (hereinafter referred to as the “Data Protection Directive”) and/or applicable national data protection laws of the EU/EEA Member States, this Annex 1 shall apply. Commissioned Processing of Personal Data This Exhibit stipulates the rights and obligations of Partner and Licensor in connection with personal data processed by Licensor on behalf of Partner under the Agreement. This Exhibit shall be an integral part of the Agreement.
SEVERABILITY; INJUNCTIVE RELIEF. (a) If any provision of this Agreement or the application of any such provision to any Person or circumstance is held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remainder of the provisions of this Agreement (or the application of such provision in other jurisdictions or to Persons or circumstances other than those to which it was held invalid, illegal or unenforceable) will in no way be affected, impaired or invalidated, and to the extent permitted by applicable Law, any such provision will be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable. This provision will be interpreted and enforced to give effect to the original written intent of the parties prior to the determination of such invalidity or unenforceability.
(b) The parties acknowledge and agree that the provisions of Sections 7.2 and 7.3(b) are reasonably necessary to protect the legitimate interests of the GAIA Holding Stockholder and LTC, their respective Affiliates and businesses and that any violation of Sections 7.2 or 7.3(b) will result in irreparable injury to the GAIA Holding Stockholder or LTC and their respective Affiliates, as applicable, the exact amount of which will be difficult to ascertain and the remedies at Law for which will not be reasonable or adequate compensation for such a violation. Accordingly, each party agrees that if it violates any of the provisions of Section 7.2 or 7.3(b), in addition to any other remedy available at Law or in equity, the other party will be entitled to seek specific performance or injunctive relief without posting a bond, or other security, and without the necessity of proving actual damages.
SEVERABILITY; INJUNCTIVE RELIEF. 16.1 The terms of this Agreement are severable. If any term hereof is held invalid, illegal, or unenforceable for any reason whatsoever, such term shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms shall not in any way be affected or impaired thereby.
16.2 Both parties acknowledge that remedies at law may be inadequate to provide Licensor or Partner with full compensation in the event of Partner's material breach of Licensor, SAP AG or their respective Affiliates’ Intellectual Property Rights or Confidential Information under Sections 7.1 through 7.5 or Licensor's material breach of Section 7.5 with respect to Partner’s Confidential Information, and that the non-breaching party shall therefore be entitled to seek injunctive relief in the event of any such material breach. Qualification must begin within 120 days of the Effective Date of this Agreement for the number of support personnel as described under “recommended trainings”. Partner must take and pass all required web assessment exams for the applicable Software on the OEM Partner Portal: ▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇.▇▇▇. Any training/qualification is at the OEM’s expense.
SEVERABILITY; INJUNCTIVE RELIEF. 17.1 The terms of this Agreement are severable. If any term hereof is held invalid, illegal, or unenforceable for any reason whatsoever, such term shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms shall not in any way be affected or impaired thereby.
17.2 Both parties acknowledge that remedies at law may be inadequate to provide SAP or OEM with full compensation in the event of OEM's material breach of Sections 7.2 or 7.4 with respect to SAP’s Confidential Information and its Trademarks or SAP's material breach of Section 7.4 with respect to OEM’s Confidential Information, and that the non-breaching party shall therefore be entitled to seek injunctive relief in the event of any such material breach. OEM Named: (“OEM”) PREAMBLE: