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Negotiating and Drafting the Severability Provision

Broward Florida Negotiating and Drafting the Severability Provision

Name: Broward Florida Negotiating and Drafting the Severability Provision
Brand: US Legal Forms
Rating: 4.65 (278 reviews)

Category:

Contracts - Clauses

State:

Multi-State

County:

Broward

Control #:

US-ND1705

Format:

Instant download

Description

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.

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FAQ

In law, severability (sometimes known as salvatorius, from Latin) refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply.

If you do not have a severability clause in your contract, the law usually provides a backup provision when part of the agreement fails. 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.

A severability clause allows the rest of an agreement to remain valid even if one or more provisions are unenforceable or illegal. However, some terms may be declared vital to the purpose of an agreement and can therefore not be covered by the severability clause. A severability clause is usually made up of two parts.

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 severability clause in a contract allows certain parts to remain in effect even if others are illegal or unenforceable. Severability might refer to certain vital provisions that must be left intact. Severability clauses often contain savings language and reformation language.

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.

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.

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 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.

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.

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This Standard Clause has integrated notes with important explanations, alternative provisions, and drafting tips. Additionally, in Broward County, the Red Cross handles an average over 648 military cases every year.Any provision drafted in a manner that may be deemed unfair, unconscionable or an agreement to agree. Police Chief John George recognized the Davie Police Explorers for their efforts in the Graffiti Busters. Program.

Broward Florida Negotiating and Drafting the Severability Provision

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