Enforceability Contract Clauses (2,691)

Enforceability. If any portion or provision of this Agreement (including, without limitation, any portion or provision of any section of this the Restrictive Covenant Agreement) shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of... this Agreement shall be valid and enforceable to the fullest extent permitted by law. View More

Enforceability. If any portion or provision of this Agreement (including, without limitation, any portion or provision of any section of this Agreement) shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be... valid and enforceable to the fullest extent permitted by law. 17 15. Survival. The provisions of this Agreement shall survive the termination of this Agreement and/or the termination of the Executive's employment to the extent necessary to effectuate the terms contained herein. View More

Enforceability. If any portion or provision of this Agreement (including, without limitation, any portion or provision of any section of this Agreement) shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be... valid and enforceable to the fullest extent permitted by law. Moreover, if any one or more of the provisions contained in this Agreement is held to be excessively broad as to duration, scope or activity, that provision shall be construed by limiting and reducing it so as to be enforceable to the maximum extent compatible with applicable New York law. View More

Enforceability. If any portion or provision of this Agreement (including, without limitation, any portion or provision of any section of this the Restrictive Covenant Agreement) shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of... this Agreement shall be valid and enforceable to the fullest extent permitted by law. View More

Enforceability. If any portion or provision of this Agreement (including, without limitation, any portion or provision of any section of this Agreement) shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be... valid and enforceable to the fullest extent permitted by law. 17 15. Survival. The provisions of this Agreement shall survive the termination of this Agreement and/or the termination of the Executive's employment to the extent necessary to effectuate the terms contained herein. View More

Enforceability. If any portion or provision of this Agreement (including, without limitation, any portion or provision of any section of this Agreement) shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be... valid and enforceable to the fullest extent permitted by law. Moreover, if any one or more of the provisions contained in this Agreement is held to be excessively broad as to duration, scope or activity, that provision shall be construed by limiting and reducing it so as to be enforceable to the maximum extent compatible with applicable New York law. View More

Enforceability. If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, then such provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted or as... if such provision had not been originally incorporated herein, as the case may be. 10 12. Construction. This Agreement shall be construed and interpreted in accordance with the internal laws of the Commonwealth of Pennsylvania. View More

Enforceability. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, then the parties agree that the court shall have, and the parties will request that the court exercise, the power to modify or restrict any such provision shall be deemed to be modified or restricted to the extent and in the a manner necessary to render the same valid and enforceable, or, if such a modification or shall be deemed excised restriction is... not possible, to excise from this Agreement, as Agreement the case may require, provision(s) at issue, and this Agreement shall be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted restricted, or as if such provision had not been originally incorporated herein, as the case may be. View More

Enforceability. If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, or as applied to any circumstance, under the laws of any jurisdiction which may govern for such purpose, then such provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, either generally or as applied to such circumstance, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be... construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted restricted, or as if such provision had not been originally incorporated herein, as the case may be. View More

Enforceability. If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, then such provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted or as... if such provision had not been originally incorporated herein, as the case may be. 10 12. Construction. This Agreement shall be construed and interpreted in accordance with the internal laws of the Commonwealth of Pennsylvania. View More

Enforceability. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, then the parties agree that the court shall have, and the parties will request that the court exercise, the power to modify or restrict any such provision shall be deemed to be modified or restricted to the extent and in the a manner necessary to render the same valid and enforceable, or, if such a modification or shall be deemed excised restriction is... not possible, to excise from this Agreement, as Agreement the case may require, provision(s) at issue, and this Agreement shall be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted restricted, or as if such provision had not been originally incorporated herein, as the case may be. View More

Enforceability. If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, or as applied to any circumstance, under the laws of any jurisdiction which may govern for such purpose, then such provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, either generally or as applied to such circumstance, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be... construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted restricted, or as if such provision had not been originally incorporated herein, as the case may be. View More

Enforceability. If any provision of this Amendment is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Amendment shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions. The invalidity of a... provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. jurisdiction.. 9. References; Interpretation. All references in any of the Loan Documents to the "Credit Agreement" shall mean the Credit Agreement, as amended hereby. The rules of interpretation set forth in Section 1.02 of the Credit Agreement shall be applicable to this Amendment. View More

Enforceability. If any portion or provision of this Agreement (including, without limitation, any portion or provision of any section of this Agreement) Plan shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, Plan, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement Plan shall be valid and enforceable to the fullest extent permitted by law. -14- 9 16. Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, Plan, or the waiver by any party of any breach of this Agreement, Plan, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. View More

Enforceability. If any portion or provision of this Agreement (including, without limitation, any portion or provision of any section of this Agreement) Plan shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, Plan, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement Plan shall be valid and enforceable to the fullest extent permitted by law. -14- 16. 6 15. Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, Plan, or the waiver by any party of any breach of this Agreement, Plan, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. View More

Enforceability. In case any provision of this Promissory Note is held by a court of competent jurisdiction to be excessive in scope or otherwise invalid or unenforceable, such provision shall be adjusted rather than voided, if possible, so that it is enforceable to the maximum extent possible, and the validity and enforceability of the remaining provisions of this Promissory Note will not in any way be affected or impaired thereby.

Enforceability. In case any provision of this Note Debenture is held by a court of competent jurisdiction to be excessive in scope or otherwise invalid or unenforceable, such provision shall be adjusted rather than voided, if possible, so that it is enforceable to the maximum extent possible, and the validity and enforceability of the remaining provisions of this Note Debenture will not in any way be affected or impaired thereby.

Enforceability. If a court finds any term of this Agreement to be invalid, unenforceable, or void, the parties agree that the court shall will modify such term to make it enforceable to the maximum extent possible. If the term cannot be modified, the parties agree that the term shall will be severed and all other terms of this Agreement shall will remain in effect.

Enforceability. If a court finds any term of this Agreement to be invalid, unenforceable, or void, the parties agree that the court shall will modify such term to make it enforceable to the maximum extent possible. If the term cannot be modified, the parties agree that the term shall will be severed and all other terms of this Agreement shall will remain in effect.

Enforceability. If a court finds any term of this Agreement to be invalid, unenforceable, or void, the parties agree that the court shall will modify such term to make it enforceable to the maximum extent possible. If the term cannot be modified, the parties agree that the term shall will be severed and all other terms of this Agreement shall will remain in effect.

Enforceability. If any provision of this Amendment is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Amendment shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions. The invalidity of a... provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. jurisdiction.. 9. References; Interpretation. All references in any of the Loan Documents to the "Credit Agreement" shall mean the Credit Agreement, as amended hereby. The rules of interpretation set forth in Section 1.02 of the Credit Agreement shall be applicable to this Amendment. View More

Enforceability. If a court finds any term of this Agreement to be invalid, unenforceable, or void, the parties agree that the court shall will modify such term to make it enforceable to the maximum extent possible. If the term cannot be modified, the parties agree that the term shall will be severed and all other terms of this Agreement shall will remain in effect.

Enforceability. If a court finds any term of this Agreement to be invalid, unenforceable, or void, the parties agree that the court shall will modify such term to make it enforceable to the maximum extent possible. If the term cannot be modified, the parties agree that the term shall will be severed and all other terms of this Agreement shall will remain in effect.

Enforceability. If a court finds any term of this Agreement to be invalid, unenforceable, or void, the parties agree that the court shall will modify such term to make it enforceable to the maximum extent possible. If the term cannot be modified, the parties agree that the term shall will be severed and all other terms of this Agreement shall will remain in effect.