If any invalid, unenforceable or illegal provision of this Service Agreement would be valid, enforceable and legal if some part of it were deleted, the parties shall negotiate in good faith to amend that provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention. Waiver Failure or delay by either party in enforcing or partially enforcing any provision of this Service Agreement will not be construed as a waiver of any of its rights under this Service Agreement. Any waiver by either party of any breach of, or any default under, any provision of this Service Agreement by the other party will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of this Service Agreement. This Service Agreement shall be governed by and interpreted in accordance with the laws of Scotland. The parties also accept the jurisdiction of the courts of Scotland such that any proceedings by the Coach Educator and/or against the Delivery Centre shall only be brought in the Scottish courts (and the Coach Educator agrees not to argue that the courts of Scotland are not an appropriate forum to hear and determine such proceedings). Notwithstanding the foregoing, (i) nothing in this Agreement will prevent the Delivery Centre from taking proceedings against the Provider in any other court of competent jurisdiction; and (ii) the taking of proceedings by the Delivery Centre in any one or more jurisdictions will not preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. Both parties accept that the terms of this Service Agreement between the Delivery Centre and the Provider and agree to comply with the provisions hereunder.
If any invalid, unenforceable or illegal provision of this Service Agreement would be valid, enforceable and legal if some part of it were deleted, the parties shall negotiate in good faith to amend that provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention. Waiver Failure or delay by either party in enforcing or partially enforcing any provision of this Service Agreement will not be construed as a waiver of any of its rights under this Service Agreement. Any waiver by either party of any breach of, or any default under, any provision of this Service Agreement by the other party will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of this Service Agreement. This Service Agreement shall be governed by and interpreted in accordance with the laws of Scotland. The parties also accept the jurisdiction of the courts of Scotland such that any proceedings by the Coach Educator and/or against the Delivery Centre shall only be brought in the Scottish courts (and the Coach Educator agrees not to argue that the courts of Scotland are not an appropriate forum to hear and determine such proceedings). Notwithstanding the foregoing, (i) nothing in this Agreement will prevent the Delivery Centre from taking proceedings against the Provider in any other court of competent jurisdiction; and (ii) the taking of proceedings by the Delivery Centre in any one or more jurisdictions will not preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. Both parties accept that the terms of this Service Agreement between the Delivery Centre and the Provider and agree to comply with the provisions hereunder.