Common use of Severability; Non-Waiver Clause in Contracts

Severability; Non-Waiver. REMEDIES Willamette University Housing Contract and Community Expectations are intended to comply with all laws applicable to the university. If any one or more of the provisions of this contract, or the applicability of any such provisions to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this contract and all other application of any such provision shall not be affected thereby. The failure of the university to exercise any right or remedy available as a result of the student’s breach of any of the terms, covenants, or conditions of this contract shall not be deemed to be a waiver by the university of any such rights or remedies. No terms or conditions of this contract required to be performed by the student and no breach thereof shall be waived, altered or modified except by an express written instrument executed by the university. The receipt of rent (payment) by the university with the knowledge of the breach of any terms, covenants or conditions of the contract shall not be deemed a waiver of such breach. Remedies of the university under the terms of this contract are cumulative and are not exclusive of any other rights or remedies available at law or in equity.

Appears in 3 contracts

Sources: Housing Contract, Housing Contract, Housing Contract