Common use of Waiver; Severability Clause in Contracts

Waiver; Severability. The waiver by either party of a breach of or a default under this Agreement will not be effective unless in writing. The failure by either party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 13 contracts

Sources: Cloud Services Agreement, End User License Agreement, Software License Agreement

Waiver; Severability. The waiver by either party Party of a breach of or a default under this Agreement will not be effective unless in writing. The failure by either party Party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 7 contracts

Sources: Software License and Service Agreement, Software License and Service Agreement, Software License and Service Agreement

Waiver; Severability. The Any waiver by either party of a any default or breach of or a default under this Agreement will not be effective unless in writing. The failure by either party to enforce any provisions of this Agreement will not constitute shall be effective only if in writing and signed by an authorized representative of the party providing the waiver. No such waiver shall be deemed to be a waiver of any other right hereunder or of any subsequent enforcement of that breach or any other provisionsdefault. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceableis held to be invalid, the remaining provisions portions of the this Agreement will shall remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by lawforce.

Appears in 6 contracts

Sources: Master Agency Agreement, Master Agency Agreement, Master Agency Agreement

Waiver; Severability. The waiver by either party Party of a breach of or a default under this Agreement will not be effective unless in writing. The failure by either party Party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.any

Appears in 3 contracts

Sources: Software License and Service Agreement, Software License and Service Agreement, Software License and Service Agreement

Waiver; Severability. The waiver by either party of a breach of or a default under this Agreement will not be effective unless in writing. The failure by either party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 2 contracts

Sources: Software License and Service Agreement, Software License Agreement

Waiver; Severability. The waiver by either party of a breach of or a default under this License Agreement will not be effective unless in writing. The failure by either party to enforce any provisions of this License Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this License Agreement invalid or unenforceable, the remaining provisions of the License Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 1 contract

Sources: Software License Agreement

Waiver; Severability. The waiver by either party of a breach of or a default under this Agreement will not be effective unless in writing. , The failure by either party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 1 contract

Sources: Services Agreement

Waiver; Severability. The waiver by either party Party of a breach of or a default under this Agreement will not be effective unless in writing. The failure by either party Party to enforce any provisions of this Agreement will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

Appears in 1 contract

Sources: One Time Reseller Agreement

Waiver; Severability. The An effective waiver under this Agreement must be in writing signed by the party waiving its right. A waiver by either party of a breach any instance of the other party's noncompliance with any obligation or a default responsibility under this Agreement will not be effective unless deemed a waiver of subsequent instances. If any term in writing. The failure this Agreement is found by either party competent judicial authority to enforce be unenforceable in any provisions respect, the validity of the remainder of this Agreement will be unaffected, provided that such unenforceability does not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of materially affect the parties' rights under this Agreement invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by lawAgreement.

Appears in 1 contract

Sources: Platform License Agreement (BMC Capital, Inc.)