The provisions of this Agreement are severable Contract Clauses (23)

Grouped Into 1 Collection of Similar Clauses From Business Contracts

This page contains The provisions of this Agreement are severable clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
The provisions of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable, in whole or in part, then such provision shall be modified so as to be enforceable to the maximum extent permitted by law. If such provision cannot be modified to be enforceable, the provision shall be severed from this Agreement to the extent unenforceable. The remaining provisions and any partially enforceable provisions shall remain in full force and effect. Each party to this Agreement also agrees and acknowledges that he/...it has contributed to the final version of this Agreement through comments and negotiations. You may not assign any rights or obligations hereunder without Internap's prior written consent. You understand that this Agreement will not be effective or enforceable until the seven (7) day revocation period has expired, but will become effective and enforceable as soon as the revocation period ends. You do not need the prior authorization of Internap to make any such reports or disclosures, and You are not required to notify Internap that You have made such reports or disclosures. Page 8 24. (a) The dispute resolution provisions of Article IV of Your ESA shall govern all disputes and claims arising out of or relating to this Agreement; provided that, Section 4.3(a) shall be replaced by Section 24(b) hereof. (b) Except as provided in Section 4.3(b) of the ESA, if You or Internap sues in court against the other for a breach of any provision of this Agreement or regarding any dispute arising from the subject matter of this Agreement, the prevailing party will be entitled to recover its attorney's fees and court costs, regardless of which party initiated the proceedings. If there is no prevailing party, Internap and You will each bear their own costs and attorneys' fees incurred. View More Arrow
Found in Internap Corp contract
The provisions of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable, in whole or in part, then such provision shall be modified so as to be enforceable to the maximum extent permitted by law. If such provision cannot be modified to be enforceable, the provision shall be severed from this Agreement to the extent unenforceable. The remaining provisions and any partially enforceable provisions shall remain in full force and effect. Each party to this Agreement also agrees and acknowledges that he/...it has contributed to the final version of this Agreement through comments and negotiations. You may not assign any rights or obligations hereunder without Internap's prior written consent. Page 7 17. It is understood and agreed that the parties to this Agreement do hereby declare, represent, acknowledge and warrant that: (a) IN EXECUTING THIS AGREEMENT, THE PARTIES HERETO RELY UPON THEIR OWN JUDGMENT, BELIEF AND KNOWLEDGE AS TO THE NATURE, EXTENT AND EFFECT OF THE POTENTIAL LIABILITY OF THE PARTIES AND OF THE LIABILITIES, WHETHER POTENTIAL OR OTHERWISE, WHICH ARE BEING RELEASED BY THIS AGREEMENT AND THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT THEY ARE ENTERING INTO THIS AGREEMENT AND SIGNING THE SAME VOLUNTARILY AND KNOWINGLY AND WITHOUT ANY DURESS, COERCION, INTIMIDATION OR FORCE; and (b) The terms of this Agreement are contractual and not mere recitals; and (c) This Agreement is deemed to have been entered into in the State of Georgia and shall be construed and interpreted at all times and in all respects in accordance with the laws of the State of Georgia without regard to the principles of conflicts of laws, and jurisdiction and venue for any action relating in any manner to this Agreement shall be in a court of competent jurisdiction in the State of Georgia. You understand that this Agreement will not be effective or enforceable until the seven (7) day revocation period has expired, but will become effective and enforceable as soon as the revocation period ends. You do not need the prior authorization of Internap to make any such reports or disclosures, and You are not required to notify Internap that You have made such reports or disclosures. Page 8 24. (a) The dispute resolution provisions of Article IV 23. Subject to required disclosure of Your ESA shall govern as required pursuant to Section 3.2 of Your ESA, on and after Your Termination Date, You agree to keep the terms of this Agreement confidential and not to disclose the terms of this Agreement to anyone except to Your spouse or domestic partner, attorneys, tax consultants or as otherwise required by law, and agree to take all disputes and claims arising out steps necessary to assure confidentiality by those recipients of or relating to this Agreement; provided that, Section 4.3(a) shall be replaced by Section 24(b) hereof. information. (b) Except as provided in Section 4.3(b) of the ESA, if You or Internap sues in court against the other for a breach of any provision of this Agreement or regarding any dispute arising from the subject matter of this Agreement, the prevailing party will be entitled to recover its attorney's fees and court costs, regardless of which party initiated the proceedings. If there is no prevailing party, Internap and You will each bear their own costs and attorneys' fees incurred. View More Arrow
Found in Internap Corp contract
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