Georgia Destruction Clause Long Form

State:
Multi-State
Control #:
US-OL11024B
Format:
Word; 
PDF
Instant download

Description

This office lease clause is the long form for dealing with the destruction of the premises and the conditions and obligations of the landlord to restore and accommodate the tenants.

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FAQ

This Standard Clause, sometimes referred to as a savings clause, severs invalid, illegal, or unenforceable provisions from a contract governed by Georgia law, while preserving the validity of the remainder of the contract.

In most cases, courts forced to review a contract will view the contract only as solid as its weakest point. If the court determines that a single material provision within the contract is unenforceable due to law or is unconscionable, then the entire contract will be invalid without a severability clause.

All agreements are contracts, regardless of if they were made in writing, implied in an email or text, or even just spoken.

Liquidated damages are not designed to punish contractors, and thus cannot be an amount that could be considered excessive or punitive. For example, $20-$25 per day for each $100,000 of the contract price would be considered a reasonable amount.

Basically, the severability clause is a statement by the Legislature that if a part of a law that's enacted is subsequently held to be invalid or unconstitutional, then the unconstitutional provision doesn't invalidate the rest of the remaining law.

It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, control, and regulation of all sites or persons, in or out of this state that ...

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.

Georgia statutory law permits liquidated damages provisions in contracts. "If the parties agree in their contract what the damages for a breach shall be, they are said to be liquidated and, unless the agreement violates some principle of law, the parties are bound thereby." Ga. Code § 13-6-7 (2000).

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Georgia Destruction Clause Long Form