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.
Keywords: Ohio, negotiating, drafting, severability provision, types Description: The Ohio Negotiating and Drafting the Severability Provision is a vital aspect of contract law in the state of Ohio. It refers to the process of skillfully negotiating and drafting a clause that addresses the issue of severability within a contract. Severability provisions are included in contracts to ensure that if any part of the agreement is found to be illegal, unenforceable, or void, it does not affect the validity or enforceability of the remaining provisions. The Ohio Negotiating and Drafting the Severability Provision involves careful consideration and allocation of risk to protect the parties involved in case of potential disputes, court challenges, or changes in applicable laws. There are different types of Ohio Negotiating and Drafting the Severability Provision that can be tailored to specific contracts and industries: 1. General Severability Provision: This type of severability provision is a broad clause that aims to protect the entirety of the agreement by declaring that if any provision is deemed unenforceable, the rest of the contract will remain in effect. 2. Partial/Selective Severability Provision: This provision allows a court or arbitrator to selectively void certain provisions while preserving the validity of the remaining provisions. It is commonly used when specific clauses are subject to challenge or are more likely to be affected by changes in laws or court decisions. 3. Blue Pencil Rule Severability Provision: This provision permits a court to modify or "blue pencil" any provisions found unenforceable, making them enforceable to the extent permitted by law. It gives the court the power to amend the contract to preserve its purpose and intent. 4. Savings Clause Severability Provision: This provision expresses an intent to preserve as much of the affected provision as possible to achieve the original objectives of the contract. It acts as a safety net by stating that even if a provision is found unenforceable, the remaining portion will remain valid and enforceable. 5. Non-Severability Provision: Unlike the other types, a non-severability provision declares that if any provision is deemed invalid or unenforceable, the entire contract becomes void. This type of provision is less common and often used when certain provisions are critical and inseparable from the overall agreement. In the realm of Ohio contract law, negotiating and drafting the severability provision is of utmost importance to protect the parties involved and anticipate potential challenges that may arise during the lifespan of a contract. Legal professionals or parties engaged in contract negotiations should diligently consider the relevant types of severability provisions and their applicability to ensure the contract's enforceability and protect their rights.
