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.
Kentucky Negotiating and Drafting the Severability Provision Keywords: Kentucky, negotiating, drafting, severability provision, types The severability provision is an essential component of any legal agreement or contract, including those drafted and negotiated in the state of Kentucky. This provision serves as a safeguard to protect the parties involved in the event that one or more clauses or provisions of the contract are deemed unenforceable or invalid by a court of law. In such cases, the severability provision ensures that the remainder of the agreement remains intact and enforceable. When negotiating and drafting the severability provision in Kentucky, there are different types or variations that can be considered. These variations aim to address specific concerns or situations that may arise during the course of the agreement. Some types of severability provision commonly encountered in Kentucky include: 1. Standard Severability Provision: The standard severability provision is the most commonly used type in Kentucky contracts. It states that if any provision of the agreement is declared unenforceable, the remaining provisions shall still be valid and enforceable to the fullest extent permitted by law. This provision reassures both parties that the invalidity of one section will not render the entire contract void. 2. Partial Severability Provision: In some cases, parties may opt for a partial severability provision. This provision declares that if any provision is found to be unenforceable, the rest of the contract will remain valid, excluding only the unenforceable portion. This type of provision allows parties to salvage as much of the agreement as possible while removing any invalidated clauses. 3. Savings Clause: The savings clause is a variation of the standard severability provision that goes a step further to clarify the intent and purpose of the contract. It explicitly states that if any provision is declared unenforceable, the parties intend for the remaining provisions to continue in full force and effect. The inclusion of a savings clause can eliminate any ambiguity regarding the parties' intention to preserve the remaining provisions in case of invalidity. When negotiating and drafting the severability provision in Kentucky, it is crucial to consult with experienced attorneys familiar with Kentucky contract laws and practices. These legal professionals can provide expert guidance and ensure that the severability provision is tailored to the specific needs and objectives of the parties involved. By carefully considering the various types of severability provisions and their implications, parties can safeguard their contractual rights and minimize potential disputes.
Kentucky Negotiating and Drafting the Severability Provision Keywords: Kentucky, negotiating, drafting, severability provision, types The severability provision is an essential component of any legal agreement or contract, including those drafted and negotiated in the state of Kentucky. This provision serves as a safeguard to protect the parties involved in the event that one or more clauses or provisions of the contract are deemed unenforceable or invalid by a court of law. In such cases, the severability provision ensures that the remainder of the agreement remains intact and enforceable. When negotiating and drafting the severability provision in Kentucky, there are different types or variations that can be considered. These variations aim to address specific concerns or situations that may arise during the course of the agreement. Some types of severability provision commonly encountered in Kentucky include: 1. Standard Severability Provision: The standard severability provision is the most commonly used type in Kentucky contracts. It states that if any provision of the agreement is declared unenforceable, the remaining provisions shall still be valid and enforceable to the fullest extent permitted by law. This provision reassures both parties that the invalidity of one section will not render the entire contract void. 2. Partial Severability Provision: In some cases, parties may opt for a partial severability provision. This provision declares that if any provision is found to be unenforceable, the rest of the contract will remain valid, excluding only the unenforceable portion. This type of provision allows parties to salvage as much of the agreement as possible while removing any invalidated clauses. 3. Savings Clause: The savings clause is a variation of the standard severability provision that goes a step further to clarify the intent and purpose of the contract. It explicitly states that if any provision is declared unenforceable, the parties intend for the remaining provisions to continue in full force and effect. The inclusion of a savings clause can eliminate any ambiguity regarding the parties' intention to preserve the remaining provisions in case of invalidity. When negotiating and drafting the severability provision in Kentucky, it is crucial to consult with experienced attorneys familiar with Kentucky contract laws and practices. These legal professionals can provide expert guidance and ensure that the severability provision is tailored to the specific needs and objectives of the parties involved. By carefully considering the various types of severability provisions and their implications, parties can safeguard their contractual rights and minimize potential disputes.
