Severability Contract Clauses (27,855)

Severability. If any provision of this Agreement is determined to be invalid or unenforceable, then (a) the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of this Agreement, and all other provisions shall remain in full force and effect and (b) the provision held to be invalid or unenforceable will be limited or modified in its application to the minimum extent necessary to avoid the invalidity or unenforceability, and, as so limited or ...modified, the provision and the balance of this Agreement will be enforceable in accordance with its terms. View More

Severability. Should any part, term or provision of this Agreement be construed by any court of competent jurisdiction to be illegal or in conflict with any law of the State of Wisconsin, such part, term or provision shall be construed to afford Modine the maximum protection and benefit permissible, and the validity of the remaining portions or provisions shall not be affected thereby.

Severability. The provisions of this Agreement are severable. If any provision is adjudged void, unenforceable, or contrary to law, it is the intention of the parties that such provision shall not thereby be terminated, but shall be deemed amended to the extent required to render it valid and enforceable, such amendment to apply only in the jurisdiction of the court which has made such adjudication. The balance of the Agreement nonetheless will remain in full force and effect.

Severability. In case any provision of this Agreement shall be invalid, illegal, or unenforceable, such provision shall be deemed to have been modified to the extent necessary to make it valid, legal and enforceable. The validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Severability. If all or any part of this Agreement or the Plan is declared by any court or governmental authority to be unlawful or invalid, such unlawfulness or invalidity shall not invalidate any portion of this Agreement or the Plan not declared to be unlawful or invalid.

Severability. Nothing in this Agreement is intended to require or shall be construed as requiring the Company to do or fail to do any act in violation of applicable law. The Company's inability, pursuant to court order, to perform its obligations under this Agreement shall not constitute a breach of this Agreement. The provisions of this Agreement shall be severable as provided in this Section 19. If this Agreement or any portion hereof shall be invalidated on any ground by any court of competent jurisdiction..., then the Company shall nevertheless indemnify Indemnitee to the full extent permitted by any applicable portion of this Agreement that shall not have been invalidated, and the balance of this Agreement not so invalidated shall be enforceable in accordance with its terms. 11 20. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed, by postage prepaid, certified or registered mail: if to Indemnitee, to the address set forth on the signature page hereto. if to the Company, addressed to the Chairperson of the Board of Directors, with a copy to the Corporate Secretary at the principal executive offices of the Company: DYNATRONICS CORPORATION 7030 Park Centre Blvd. Cottonwood Heights, Utah 84121 Notice of change of address shall be effective only when given in accordance with this Section. All notices complying with this Section shall be deemed to have been received on the date of hand delivery or on the third (3rd) business day after mailing. View More

Severability. Whenever possible, each provision of this Amendment and any other statement, instrument or transaction contemplated hereby or thereby or relating hereto or thereto shall be interpreted in such manner as to be effective, valid and enforceable under the applicable law of any jurisdiction, but, if any provision of this Amendment or any other statement, instrument or transaction contemplated hereby or thereby or relating hereto or thereto shall be held to be prohibited, invalid or unenforceable unde...r the applicable law, such provision shall be ineffective in such jurisdiction only to the extent of such prohibition, invalidity or unenforceability, without invalidating or rendering unenforceable the remainder of such provision or the remaining provisions of this Amendment or any other statement, instrument or transaction contemplated hereby or thereby or relating hereto or thereto in such jurisdiction, or affecting the effectiveness, validity or enforceability of such provision in any other jurisdiction. View More

Severability. If one or more provisions of this Amendment are held to be unenforceable under applicable law, such provision shall be excluded from this Amendment and the balance of this Amendment shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. 9 Counterparts; Facsimile or Electronic Transmission. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one ...and the same instrument. A facsimile or electronic transmission of a scanned copy of a signed counterpart signature page hereto shall be deemed to be an originally executed copy for purposes of this Agreement. View More

Severability. If any provision of this Agreement is held illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision herein. The parties hereto authorize that the provisions of this Agreement may, in such circumstances, be modified to the extent necessary to render enforceable the provisions herein as closely as possible in accordance with the intent of the Parties. 2 8. Notices. All notices and other communications hereunder shall be in writing and... shall be given to Seller and/or Buyer either: (a) by United States overnight express mail, postage prepaid, (b) by nationally-recognized courier service guaranteeing next business day delivery, charges prepaid, (c) by facsimile to such party's fax number with confirmation of delivery or (d) by email delivery but only if such email delivery is confirmed in writing by the receiving Party. All notices shall be deemed received on the date when dispatched in accordance the foregoing sentence. If to Buyer, to: LineaRx, Inc. 50 Health Sciences, Drive Stony Brook, New York 11790 Attention: Dr. James A. Hayward Email: james.hayward@adnas.com If to Seller to: Wen-Tien Chen 7 Garden Dr. Stony Brook, NY 11790 Telephone: (631) 974-3926 Email: wentien.chen@gmail.com with a copy to: Clay D. Shorrock Esq. Allen, Dyer, Doppelt & Gilchrist, P.A. 255 South Orange Ave., Suite 1401 Orlando, FL 32801 Telephone: (407) 841-2330 Facsimile: (407) 841-2343 cshorrock@allendyer.com with copy to Seller's Attorney: Raymond Lang, Esq, Raymond Lang & Associates P.C. 532 Broadhollow Rd., Ste 114 Melville, NY 11747 Telephone: (631) 659-3652 Facsimile: (631) 367-7908 rlang@asyourlawyer.com Notice of any change in any such address shall also be given in the manner set forth above. Whenever the giving of notice is required, the giving of such notice may be waived by the party entitled to receive such notice. 9. Successors and Assigns. This Agreement binds, inures to the benefit of, and is enforceable by the successors and permitted assigns of the Parties, and does not confer any rights on any other persons. View More

Severability. If any particular provision of this Agreement is adjudicated to be invalid or unenforceable, such provision shall be deemed deleted and the remainder of this Agreement, nevertheless, shall remain unaffected and fully enforceable. Further, to the extent any provision herewith is deemed unenforceable by virtue of its scope but may be made enforceable by limitation thereof, the parties hereto agree the same shall, nevertheless, be enforceable to the fullest extent permissible.