This form provides boilerplate contract clauses that outline the level of severability applicable to the terms of the contract agreement and establishing procedures for the possibility that any part of the agreement may be found by a court to be unenforceable. Several different language options representing various levels of severability and various procedures to follow in such an eventuality are included to suit individual needs and circumstances.
Arizona Negotiating and Drafting the Severability Provision
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Hear this out loud PauseA severability clause in a contract states that its terms are independent of one another so that the rest of the contract will remain in force should a court declare one or more of its provisions void or unenforceable.
For example, if Mr. X purchases a computer, a scanner, a printer and a desk from a retailer, and the retailer cannot deliver the printer, the other parts of the contract (the computer, the scanner and the desk) are still valid and must be honored.
A severability clause in a contract states that its terms are independent of one another so that the rest of the contract will remain in force should a court declare one or more of its provisions void or unenforceable.
If any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included ...
Hear this out loud PauseIf any provision of this Agreement is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included ...
Severability is a drafting concept that allows the remainder of a contract's terms to remain effective, even if one or more of its clauses is found to be unenforceable or illegal. Unenforceable clauses may be severed from other parts of the contract, without rendering the entire contract unenforceable.
Hear this out loud Pause13. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, or phrase of this Article is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Article.
Hear this out loud PauseSeverability clauses tell a court that even if the contract has unenforceable terms, the parties intend that the remaining agreement should stay in effect. If there are mistakes such as typos, omissions, illegal or otherwise unenforceable provisions, the court can strike that section and still enforce the rest.