Severability Contract Clauses (75,285)
Grouped Into 640 Collections of Similar Clauses From Business Contracts
This page contains Severability clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Severability. If any provision of this Agreement shall be held by a court or arbitrator to be invalid, unenforceable, or void, such provision shall be enforced to fullest extent permitted by law, and the remainder of this Agreement shall remain in full force and effect. In the event that the time period or scope of any provision is declared by a court or arbitrator of competent jurisdiction to exceed the maximum time period or scope that such court or arbitrator deems enforceable, then such court or
... arbitrator shall reduce the time period or scope to the maximum time period or scope permitted by law.
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Severability. If any provision of this Agreement shall be held by a court or arbitrator to be invalid, unenforceable, or void, such provision shall be enforced to fullest extent permitted by law, and the remainder of this Agreement shall remain in full force and effect. In the event that the time period or scope of any provision is declared by a court or arbitrator of competent jurisdiction to exceed the maximum time period or scope that such court or arbitrator deems enforceable, then such court or
... arbitrator shall reduce the time period or scope to the maximum time period or scope permitted by law. 4 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.
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Severability. If any provision of this Agreement shall be held by a court
or arbitrator to be invalid, unenforceable, or void, such provision shall be enforced to fullest extent permitted by law, and the remainder of this Agreement shall remain in full force and effect. In the event that the time period or scope of any provision is declared by a court
or arbitrator of competent jurisdiction to exceed the maximum time period or scope that such court
or arbitrator deems enforceable, then such court
or... arbitrator shall reduce the time period or scope to the maximum time period or scope permitted by law.
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Severability. The provisions of this Agreement are severable and should any provision hereof be void, voidable, or unenforceable under any applicable law, such void, voidable, or unenforceable provision will not affect or invalidate any other provision of this Agreement, which will continue to govern the relative rights and duties of the parties as though the void, voidable, or unenforceable provision was not a part hereof. In addition, it is the intention and agreement of the parties that all the terms and
... conditions hereof be enforced to the fullest extent permitted by law. J H DARBIE & CO., INC. GZ6G Technologies Corp. October 5, 2021 Page 5 14. Warranty of Authority. Each of the individuals signing this Agreement on behalf of a party hereto warrants and represents that such individual is duly authorized and empowered to enter in this Agreement and bind such party hereto.
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Severability. The provisions of this Agreement are severable and should any provision hereof be void, voidable, or unenforceable under any applicable law, such void, voidable, or unenforceable provision will not affect or invalidate any other provision of this Agreement, which will continue to govern the relative rights and duties of the parties as though the void, voidable, or unenforceable provision was not a part hereof. In addition, it is the intention and agreement of the parties that all the terms and
... conditions hereof be enforced to the fullest extent permitted by law. J H DARBIE & CO., INC. GZ6G Technologies Corp. October 5, 2021 Better For You Wellness Inc. March 10, 2022 Page 5 14. Warranty of Authority. Each of the individuals signing this Agreement on behalf of a party hereto warrants and represents that such individual is duly authorized and empowered to enter in this Agreement and bind such party hereto.
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Severability. The provisions of this Agreement are severable and should any provision hereof be void, voidable, or unenforceable under any applicable law, such void, voidable, or unenforceable provision will not affect or invalidate any other provision of this Agreement, which will continue to govern the relative rights and duties of the parties as though the void, voidable, or unenforceable provision was not a part hereof. In addition, it is the intention and agreement of the parties that all the terms and
... conditions hereof be enforced to the fullest extent permitted by law. J H DARBIE & CO., INC. GZ6G Technologies Corp. October 5, 2021 RemSleep Holdings, Inc. May 11, 2022 Page 5 14. Warranty of Authority. Each of the individuals signing this Agreement on behalf of a party hereto warrants and represents that such individual is duly authorized and empowered to enter in this Agreement and bind such party hereto.
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Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original
... intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 17 19. Remedies. Each holder of Registrable Securities, in addition to being entitled to exercise all rights granted by law, including recovery of damages, shall be entitled to specific performance of its rights under this Agreement. The Company acknowledges that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and the Company hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.
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Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction,
such the invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon
such a determination that any term or other provision is invalid, illegal or unenforceable, the parties
hereto shall negotiate in good faith to modify this Agreement so as to effect the
... original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 17 -16- 19. Remedies. Each holder of Registrable Securities, Investors, in addition to being entitled to exercise all rights granted by law, including recovery of damages, shall be entitled to specific performance of its their rights under this Agreement. The Company acknowledges that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and the Company hereby agrees to shall waive the defense in any action for specific performance that a remedy at law would be adequate.
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Severability.
If any Any term or provision of this Agreement
that is
invalid, illegal invalid or unenforceable in any
jurisdiction, such invalidity, illegality or unenforceability situation in any jurisdiction shall not affect
any other term the validity or
provision enforceability of
this Agreement the remaining terms and provisions hereof or
invalidate the validity or
render unenforceable such enforceability of the offending term or provision in any other
situation or in any other jurisdiction.
Upon such... determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 17 16 19. Remedies. Each holder of Registrable Securities, Securities that is a Party hereto in addition to being entitled to exercise all rights granted by law, including recovery of damages, shall be entitled to specific performance of its rights under this Agreement. The Company acknowledges that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and the Company hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.
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Severability. In the event that one or more of the provisions of these Award Terms shall be invalidated for any reason by a court of competent jurisdiction, any provision so invalidated shall be deemed to be separable from the other provisions hereof, and the remaining provisions hereof shall continue to be valid and fully enforceable.19.Venue and Governing Law. (a)For purposes of litigating any dispute that arises directly or indirectly from the relationship of the parties evidenced by the grant of the
... Restricted Share Units or these Award Terms, the parties submit and consent to the exclusive jurisdiction of the State of California and agree that such litigation shall be conducted only in the courts of Los Angeles County, California or the federal courts of the U.S. for the Central District of California and no other courts, regardless of where the grant of the Restricted Share Units is made and/or to be performed; provided, however, that if the parties have entered into another agreement providing for a different venue or forum (e.g., a dispute resolution agreement), then the terms of such agreement will control for purposes of this provision. (b)To the extent that U.S. federal law does not otherwise control, the validity, interpretation, performance and enforcement of the Grant Notice and these Award Terms shall be governed by the laws of the State of Delaware, without giving effect to principles of conflicts of laws thereof.
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Severability. In the event that one or more of the provisions of these Award Terms shall be invalidated for any reason by a court of competent jurisdiction, any provision so invalidated shall be deemed to be separable from the other provisions hereof, and the remaining provisions hereof shall continue to be valid and fully
enforceable.19.Venue enforceable. A-8 19. Venue and Governing Law.
(a)For (a) For purposes of litigating any dispute that arises directly or indirectly from the relationship of the parties
... evidenced by the grant of the Restricted Share Units Stock Option or these Award Terms, the parties submit and consent to the exclusive jurisdiction of the State of California and agree that such litigation shall be conducted only in the courts of Los Angeles County, California or the federal courts of the U.S. United States for the Central District of California California, and no other courts, regardless of where the grant of the Restricted Share Units Stock Option is made and/or to be performed; provided, however, that if the parties have entered into another agreement providing for a different venue or forum (e.g., a dispute resolution agreement), then the terms of such agreement will control for purposes of this provision. (b)To performed. (b) To the extent that U.S. federal law does not otherwise control, the validity, interpretation, performance and enforcement of the Grant Notice and these Award Terms shall be governed by the laws of the State of Delaware, without giving effect to principles of conflicts of laws thereof.
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Severability. Should any provision of this Agreement be declared or be determined by any court to be invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby, and said invalid part, term or provision shall be deemed not to be part of this Agreement. The waiver of a breach of any of the provisions of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement or a waiver of any subsequent breach of the same provision.
Severability. Should any provision of this Agreement be declared or be determined by any court to be invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby, and said invalid part, term or provision shall be deemed not to be part of this Agreement. The waiver of a breach of any of the provisions of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement or a waiver of any subsequent breach of the same provision.
-8- 11.... Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed to be an original and both of which taken together shall constitute one and the same agreement.
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Severability. Should any provision of this
Agreement Release be declared or be determined by any court to be invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby, and said invalid part, term or provision shall be deemed not to be part of this
Agreement. Release. The waiver of a breach of any of the provisions of this
Agreement Release shall not operate or be construed as a waiver of any other provision of this
Agreement Release or a waiver of any subsequent breach
... of the same provision.
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Severability. In case any provision of this 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 Note will not in any way be affected or impaired thereby.
Severability. In case any provision of this
Note Agreement 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 Agreement will not in any way be affected or impaired thereby.
Severability.
In case If any provision of this
Note Waiver 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 Waiver will not in any way be affected or impaired thereby.
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Severability. The invalidity or unenforceability of any provision of the Plan or this Agreement shall not affect the validity or enforceability of any other provision of the Plan or this Agreement, and each provision of the Plan and this Agreement shall be severable and enforceable to the extent permitted by law. Page 9 APPENDIX B Target Group Crestwood Equity Partners LPDCP Midstream, LPEnergy Transfer LPEnLink Midstream, LLCEnterprise Products Partners, LPGenesis Energy, L.P.Magellan Midstream Partners,
... L.P.MPLX LPNuStar Energy L.P.ONEOK, Inc.Plains All American Pipeline, L.P.Targa Resources Corp. Page 10 EX-10.03 2 ns1q22ex1003.htm EXHIBIT-10.03 DocumentExhibit 10.03PERFORMANCE CASH AWARD AGREEMENTThis Performance Cash Award Agreement ("Agreement"), effective as of April 28, 2022 ("Grant Date"), is between NuStar Energy L.P. (the "Partnership") and the recipient of this Agreement ("Participant"), a participant in the Amended and Restated NuStar Energy L.P. 2019 Long-Term Incentive Plan, as the same may be amended (the "Plan"), pursuant to and subject to the provisions of the Plan. All capitalized terms contained in this Agreement shall have the same definitions as are set forth in the Plan unless otherwise defined herein. The terms governing this Award are set forth below. Certain provisions applicable to this Agreement are set forth on Appendix A.
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Severability. The invalidity or unenforceability of any provision of the Plan or this Agreement shall not affect the validity or enforceability of any other provision of the Plan or this Agreement, and each provision of the Plan and this Agreement shall be severable and enforceable to the extent permitted by law.
Page 9 APPENDIX
B Target BTarget Group Crestwood Equity Partners LPDCP Midstream,
LPEnergy LPEnable Midstream Partners, L.P.Energy Transfer LPEnLink Midstream, LLCEnterprise Products Partners,
... LPGenesis Energy, L.P.Magellan Midstream Partners, L.P.MPLX LPNuStar Energy L.P.ONEOK, Inc.Plains All American Pipeline, L.P.Targa Resources Corp. Page 10 EX-10.03 EX-10.11 2 ns1q22ex1003.htm EXHIBIT-10.03 ns2q2010-qex1011.htm EXHIBIT 10.11 DocumentExhibit 10.03PERFORMANCE 10.11PERFORMANCE CASH AWARD AGREEMENTThis Performance Cash Award Agreement ("Agreement"), effective as of April 28, 2022 July 23, 2020 ("Grant Date"), is between NuStar Energy L.P. (the "Partnership") and the recipient of this Agreement ("Participant"), a participant in the Amended and Restated NuStar Energy L.P. 2019 Long-Term Incentive Plan, as the same may be amended (the "Plan"), pursuant to and subject to the provisions of the Plan. All capitalized terms contained in this Agreement shall have the same definitions as are set forth in the Plan unless otherwise defined herein. The terms governing this Award are set forth below. Certain provisions applicable to this Agreement are set forth on Appendix A.
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Severability. If a court or arbitrator of competent jurisdiction determines that any term or provision of this Agreement is invalid or unenforceable, in whole or in part, the remaining terms and provisions hereof shall be unimpaired. Such court or arbitrator will have the authority to modify or replace the invalid or unenforceable term or provision with a valid and enforceable term or provision that most accurately represents the parties' intention with respect to the invalid or unenforceable term or
... provision.
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Severability. If a court
or arbitrator of competent jurisdiction determines that any term or provision
of Of this Agreement is invalid or unenforceable, in whole or in part,
then the remaining terms and provisions hereof shall be unimpaired. Such court
or arbitrator will have the authority to modify or replace the invalid or unenforceable term or provision with a valid and enforceable term or provision that most accurately represents the parties' intention with respect to the invalid or unenforceable term or
... provision.
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Severability. If a
court court, arbitrator, or
arbitrator other authority of competent jurisdiction determines that any term or provision of this Agreement is invalid or unenforceable, in whole or in part,
then the remaining terms and provisions hereof shall be
unimpaired. Such court or arbitrator will have the authority to modify or replace unimpaired, and the invalid or unenforceable term or provision
shall be replaced with a valid and enforceable term or provision that most accurately represents the
... parties' intention with respect to the invalid or unenforceable term or provision.
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Severability. If any provision of this Note is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Note shall remain in full force and effect and shall be liberally construed in favor of Payee in order to effectuate the provisions of this Note.
Severability. If any provision of this Note is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Note shall remain in full force and effect and shall be liberally construed in favor of
Payee Lender in order to
effectuate effect the provisions of this Note.
Severability. If any provision of this Note is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Note shall remain in full force and effect and shall be liberally construed in favor of
Payee Lender in order to
effectuate effect the provisions of this Note.
Severability. If any provision of this Note is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Note shall remain in full force and effect and shall be
construed liberally
construed in favor of
Payee the Lender in order to effectuate the
provisions purposes and intent of this Note.
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Severability. If at any time subsequent to the date hereof, any provision of this Agreement is held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision will be of no force and effect, but the illegality or unenforceability of such provision will have no effect upon the legality or enforceability of any other provision of this Agreement. 12 13. Termination. This Agreement will terminate on the expiry of the Cooperation Period. Upon such termination, this Agreement shall
... have no further force and effect. Notwithstanding the foregoing, Sections 8, 9, 10, 11, 12, 13, 15 (solely with respect to provisions that survive termination of this Agreement), 16, 17, 18 and 19 hereof shall survive termination of this Agreement, and no termination of this Agreement shall relieve any party of liability for any breach of this Agreement arising prior to such termination.
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Severability. If at any time subsequent to the date
hereof, of this Agreement, any provision of this Agreement is held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision will be of no force and effect, but the illegality or unenforceability of such provision will have no effect upon the legality or enforceability of any other provision of this Agreement.
12 Additionally, any such provision that is so held to be illegal, void or unenforceable shall be deemed deleted... from this Agreement to the minimum extent necessary and replaced by a provision that is valid and enforceable and that as closely as practicable expresses the intention of such illegal, void or unenforceable provision. -15- 13. Termination. This Agreement will terminate on the expiry date that is the end date of the Cooperation Period. Upon such termination, this Agreement shall have no further force and effect. Notwithstanding the foregoing, foregoing: (a) this Section 13 and Sections 8, 9, 10, 11, 12, 13, 14, 15 (solely with respect to provisions that survive termination of this Agreement), 16, 17, 18 and 19 hereof of this Agreement shall survive termination of this Agreement, Agreement; (b) Section 2(e) shall survive until such time as no Investor Designee (or any Replacement Investor Designee) is a member of the Board; and (c) no termination of this Agreement shall relieve any party of liability for any breach of this Agreement arising prior to such termination.
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Severability. If at any time subsequent to the date hereof, any provision of this Agreement is held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision will be of no force and effect, but the illegality or unenforceability of such provision will have no effect upon the legality or enforceability of any other provision of this Agreement.
11 12.
13. Termination. This Agreement will terminate on the expiry of the Cooperation Period. Upon such termination, this Agreement
... shall have no further force and effect. Notwithstanding the foregoing, Sections 7, 8, 9, 10, 11, 12, 13, 15 12 (solely with respect to provisions that survive termination of this Agreement), 14, 15, 16, 17, 17 and 18 and 19 hereof shall survive termination of this Agreement, and no termination of this Agreement shall relieve any party of liability for any breach of this Agreement arising prior to such termination.
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