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.
The New Hampshire Negotiating and Drafting the Severability Provision is a crucial aspect of contract law that aims to protect parties in the event of a contractual breach or invalidity. This provision establishes the extent to which the remaining provisions of a contract will remain enforceable if one or more clauses of the contract are deemed unenforceable, illegal, or invalid. By including a severability provision in a contract, parties can ensure that the contract still holds weight even if certain provisions are deemed unenforceable. In New Hampshire, negotiating and drafting the severability provision requires careful consideration and attention to the specific requirements outlined by the state's laws and regulations. Parties must understand the legal implications of such provisions to create a robust and binding contract. Failure to include a severability provision can leave parties vulnerable to challenges against the entire contract in case a single provision is invalidated. The New Hampshire Negotiating and Drafting the Severability Provision may take different forms depending on the nature of the contract and the specific requirements of the parties involved. Some common types of severability provisions in New Hampshire include: 1. Narrow Severability Provision: This type of provision states that if any particular clause of the contract is found unenforceable, it will be severed from the contract without affecting the remaining provisions. This offers broad protection by allowing the rest of the contract to remain intact even if one or more clauses are deemed invalid. 2. Partial Severability Provision: In this type of provision, parties specify the criteria that determine whether a specific clause can be severed from the contract. For example, if a provision is found unenforceable but can be modified to make it enforceable, the parties may choose to sever only the unenforceable portion while keeping the modified version intact. 3. Full Severability Provision: This provision states that if any clause of the contract is found unenforceable, the entire contract will remain valid and enforceable. This type of provision is less common as it provides less flexibility and can potentially undermine the entire contractual agreement. Negotiating and drafting the severability provision requires careful analysis of the potential risks and possible scenarios where certain clauses might be invalidated. Parties must consult with legal professionals familiar with New Hampshire contract law to ensure that the provision aligns with the state's requirements and adequately protects their interests. In conclusion, the New Hampshire Negotiating and Drafting the Severability Provision is a critical element of contract drafting and negotiation. By including a well-drafted severability provision, parties can safeguard their contractual agreements, ensuring that even if certain provisions are found unenforceable, the remainder of the contract remains valid and enforceable under New Hampshire law.
