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 Oregon Negotiating and Drafting the Severability Provision is an essential component of any legal agreement or contract drafted in the state of Oregon. This provision serves to protect the parties involved in the contract by allowing certain provisions to be severed or removed in the event that they are found to be unenforceable or inconsistent with the law. When negotiating and drafting the severability provision in Oregon, it is crucial to carefully consider the language used to ensure its effectiveness. The provision should clearly state that if any portion of the agreement is deemed unenforceable, the remainder of the contract will continue to be valid and enforceable. This helps to safeguard the parties' interests and prevent the entire agreement from being invalidated due to a single provision. It is important to note that there are different types of severability provisions that can be negotiated and drafted in Oregon contracts. These include: 1. Partial Severability: This type of provision allows for the unenforceable portion of the agreement to be severed while leaving the rest of the contract intact. It enables the parties to salvage the enforceable provisions rather than rendering the entire agreement void. 2. Entire Agreement Severability: In this type of provision, if any provision or clause in the agreement is found to be unenforceable, the entire agreement is deemed void. This type of severability provision is less common, as it puts more risk on the parties involved. 3. Blue Pencil Severability: This provision grants the court the authority to modify or "blue pencil" a provision that is deemed unenforceable to make it enforceable. This allows the court to salvage the intention of the parties while eliminating any unenforceable language. Negotiating and drafting the severability provision requires careful attention to detail, legal knowledge, and an understanding of Oregon contract law. It is advisable to consult with an experienced attorney or legal professional familiar with Oregon laws to ensure the provision adequately protects the parties involved.The Oregon Negotiating and Drafting the Severability Provision is an essential component of any legal agreement or contract drafted in the state of Oregon. This provision serves to protect the parties involved in the contract by allowing certain provisions to be severed or removed in the event that they are found to be unenforceable or inconsistent with the law. When negotiating and drafting the severability provision in Oregon, it is crucial to carefully consider the language used to ensure its effectiveness. The provision should clearly state that if any portion of the agreement is deemed unenforceable, the remainder of the contract will continue to be valid and enforceable. This helps to safeguard the parties' interests and prevent the entire agreement from being invalidated due to a single provision. It is important to note that there are different types of severability provisions that can be negotiated and drafted in Oregon contracts. These include: 1. Partial Severability: This type of provision allows for the unenforceable portion of the agreement to be severed while leaving the rest of the contract intact. It enables the parties to salvage the enforceable provisions rather than rendering the entire agreement void. 2. Entire Agreement Severability: In this type of provision, if any provision or clause in the agreement is found to be unenforceable, the entire agreement is deemed void. This type of severability provision is less common, as it puts more risk on the parties involved. 3. Blue Pencil Severability: This provision grants the court the authority to modify or "blue pencil" a provision that is deemed unenforceable to make it enforceable. This allows the court to salvage the intention of the parties while eliminating any unenforceable language. Negotiating and drafting the severability provision requires careful attention to detail, legal knowledge, and an understanding of Oregon contract law. It is advisable to consult with an experienced attorney or legal professional familiar with Oregon laws to ensure the provision adequately protects the parties involved.
