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.
Illinois Negotiating and Drafting the Severability Provision
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Severability, also known by the Latin term "salvatorius," is a provision in a piece of legislation or a contract that allows the remainder of the legislation's or contract's terms to remain effective, even if one or more of its other terms or provisions are found to be unenforceable or illegal.
(a) ?Severable services? means services that are continuing and ongoing in nature?such as help-desk support, maintenance, or janitorial services?for which benefit is received each time the service is rendered.
Severability clauses, also known as salvatorious clauses or severability and survival clauses, inform courts a contract is not invalid if one provision is found unenforceable. If a severability clause is not in place, a judge or jury has the right to void the agreement. Otherwise, they enforce the remainder.
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 ...
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.
Severability, also known by the Latin term "salvatorius," is a provision in a piece of legislation or a contract that allows the remainder of the legislation's or contract's terms to remain effective, even if one or more of its other terms or provisions are found to be unenforceable or illegal.
Severability clause samples. 14. SEVERABILITY. If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.
A severability clause allows the rest of an agreement to remain valid even if one or more provisions are unenforceable or illegal. However, some terms may be declared vital to the purpose of an agreement and can therefore not be covered by the severability clause.