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.
Palm Beach Florida Negotiating and Drafting the Severability Provision
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State:
Multi-State
County:
Palm Beach
Control #:
US-ND1705
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Word;
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FAQ
A contract provision that keeps the remaining portions of the contract in force should a court declare one or more of its provisions unconstitutional, void, or unenforceable.
The purpose of a severability clause is to deal with a potentially unenforceable or illegal provision in an agreement, and in general, to sever such a provision while keeping the remainder of the agreement intact and in effect.
A contract provision that keeps the remaining portions of the contract in force should a court declare one or more of its provisions unconstitutional, void, or unenforceable.
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.
The doctrine of severability means that when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute.
Examples of a Severability Clause Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity.
Although you should include a severability clause in a contract, some courts apply the concept while some may not. Still, if the unenforceable part of the agreement is essential, not even the courts can do anything about it. More than likely, the entire contract is voided.
The purpose of a severability clause is to preserve the remaining, valid parts of a contract. Doing so reinforces the seriousness of entering into a written agreement while ensuring that other parties are not damaged when dealing with a severability issue.
However, if there are no laws that address the term in question and the condition is critical to the agreement, then the court may void the entire agreement. Therefore a severability clause is essential when: The law does not have a default rule applicable to the unenforceable clause.
A standard employment contract clause that provides for the severance of invalid, unenforceable or ambiguous terms from an employment contract, while preserving the validity of the remainder of the contract.
