All terms and conditions of this Agreement are independent of each other. If any provision of this Agreement is deemed invalid or unenforceable, then the invalid or unenforceable provision shall be stricken and replaced with a valid and enforceable provision that most closely matches the intent of the original, stricken provision, and all other provisions of this Agreement shall be unaffected and remain in full force, unless the Provider’s obligations hereunder are materially impaired, in which case the Provider reserves the right to terminate this Agreement. The Provider’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement.
