Severability Contract Clauses (27,855)

Severability. The provisions of this Award Agreement are severable and if any one or more provisions are determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable. Further, upon a determination that any term or other provision of this Award Agreement is illegal or otherwise incapable of being enforced, such term or other provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes c...losest to expressing the intention of the illegal or unenforceable term or provision. View More

Severability. If any provision of this Second Amendment is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Second 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 inv...alidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. View More

Severability. The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.31. Time of Essence. Time is of the essence with respect to each of the obligations to be performed by Tenant and Landlord under this Lease.32. Incorporation of Prior Agreements. This Lease and the exhibits described in Section 61 contain all agreements of the parties with respect to the lease of the Premises and any other matter menti...oned herein.33. Amendments. This Lease may be modified or amended in writing only, signed by Landlord and Tenant at the time of the modification or amendment.34. Notices. Any notice, demand, request, consent, or approval required or permitted to be given hereunder shall be in writing and may be given by certified mail, return receipt requested, postage prepaid, personal delivery by independent courier, or by Federal Express, or other national overnight delivery service providing evidence of receipt and in each case addressed to Tenant or to Landlord at the addresses set forth in Section 1.20. If notice is given by certified mail, return receipt requested, notice shall be deemed given three (3) business days after the notice is deposited with the U.S. Mail, postage prepaid. If notice is given by personal delivery, notice shall be deemed given on the day delivered or refused. If notice is given by Federal Express, or other national overnight delivery service, notice shall be deemed given on the next business day. Either party may, by written notice to the other in accordance with this Section 34, specify a different address for notice purposes.35. Waivers. No waiver by either party of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by the other party of the same or any other provision. Landlord's consent to, or approval of, any act requiring Landlord's consent or approval shall not be deemed to render unnecessary the obtaining of Landlord's consent to or approval of any subsequent act by Tenant requiring same. The acceptance of Rent hereunder by Landlord shall not be a waiver of any preceding breach by Tenant of any provision hereof, regardless of Landlords' knowledge of such preceding breach at the time of acceptance of such Rent. No acceptance by Landlord of partial payment of any sum due from Tenant shall be deemed a waiver by Landlord of its right to receive the full amount due, nor shall any endorsement or statement on any check or accompanying letter from Tenant be deemed an accord and satisfaction.36. Covenants. This Lease shall be construed as though the covenants contained herein are independent and not dependent, and Tenant hereby waives the benefit of any statute to the contrary. View More

Severability. The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

Severability. If any of the provisions of this Lease shall contravene or be invalid under the laws of the particular state, county, or jurisdiction where applied, such contravention or invalidity shall not invalidate the Lease or any other portions thereof and the remainder of this Lease or the application thereof to other persons or circumstances shall not be affected thereby. 24 30. Authority. If Tenant signs as a corporation or other entity, each of the persons executing this Lease on behalf of Tenant repr...esents and warrants that Tenant is a duly organized and existing corporation, partnership, limited liability company or other entity, that Tenant has and is qualified to do business in Texas, that the corporation, or other entity, has full right and authority to enter into this Lease, and that all persons signing on behalf of the corporation, or other entity, were authorized to do so by appropriate corporate or entity actions. View More

Severability. If any term or provision of this Lease, or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby. Each provision of this Lease shall be valid and shall be enforceable to the extent permitted by law.

Severability. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the Parties. The Parties further agree to replace such void or unenforceable provision of this Agreement with a valid a...nd enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. -2- 6. Modification and Waiver. This Agreement may not be amended or modified in any manner, except by an instrument in writing signed by each of the Parties. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. The failure of any Party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, or in any way affect the right of such Party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be deemed to be a waiver of any other or subsequent breach. View More

Severability. In case any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Any illegal or unenforceable term will be deemed to be void and of no force and effect only to the minimum extent necessary to bring such term within the provisions of applicable Law and such term, as so modified, and the balance of this Agreement w...ill then be fully enforceable. View More

Severability. The provisions of the Award Agreement are severable and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable.

Severability. The provisions of the RSU Agreement are severable and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable.