definiens: means 16.7 Severability : If and to the extent that any co urt or tribunal of competent jurisdiction holds any of the terms, provisions or conditions or parts thereof of this Agreement, or the application hereof to any circumstances, to be illegal, invalid or to be unen forceable in a final non - appealable order, ( i ) such provision shall be fully severable, ( ii ) this Agreement shall be construed and enforced as if such illegal, inva lid or unenforceable provision had never comprised a part hereof, ( iii ) the remaining provisions of this Agre ement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceab le provision or by its severance herefrom and ( iv ) in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement, a legal, valid and enforceable provision as similar in term s to such illegal, invalid or unenforceable provision as may be possible