A severability clause ensures that if any provision of a contract is found to be unenforceable or invalid, the remaining provisions will still remain in full effect. This clause helps preserve the overall integrity of the agreement by allowing the enforceable sections to stand independently of any invalidated sections.
SECTION 3.4. Severability Clause. In case any provision in this Fourth Supplemental Indenture or in the Notes shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
SECTION 3.4. Severability Clause. In case any provision in this Eleventh Supplemental Indenture or in the Notes shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Section 3.04 Severability Clause. In case any provision in this Twelfth Supplemental Indenture or in the Notes shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
SECTION 3.4 Severability Clause. In case any provision in this Fifth Supplemental Indenture or in the Notes shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
SECTION 5.4 Severability Clause. In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Sec. 11 Severability clause 11.1 Should any provision of this Funding Contract be invalid, it shall not affect the validity of the remaining provisions of the Funding Contract. The contracting parties undertakes to replace an ineffective provision with one that comes closest to the purpose of this Funding Contract.
18.3 Severability Clause Should any provision of this Employment Agreement be, or become, invalid or void, this shall not affect the validity of the remaining provisions. In the event of the invalidity or nullity of a provision of this Employment Agreement, it shall be replaced by a valid provision which shall embody the economic purpose of the invalid provision as closely as possible. The same procedure shall apply in the event of an unintended omission within the Employee Agreement.
15.6 Severability clause If any provision of this Contract is or becomes void, ineffective or unenforceable in whole or in part, or if a provision that is necessary in itself is not included, the validity and enforceability of all other provisions of this contract shall not be affected. In place of the void, ineffective or unenforceable provision or in order to fill the loophole, a legally permissible provision shall be agreed which corresponds as far as possible to what the Parties intended or would have agreed in accordance with the meaning and purpose of this Contract if they had recognised the ineffectiveness or the loophole. If the invalidity of a provision is based on a measure of performance or time (period or date) specified therein, the provision shall be deemed to have been agreed with a legally permissible measure that comes closest to the original measure. It is the express intention of the Parties that this severability clause does not result in a mere reversal of the burden of proof, but that section 139 BGB is waived altogether.
3.02 Severability Clause: If any portion of this Amendment (or the Agreement, as amended hereunder), is held to be invalid or unenforceable for any reason by a court or governmental authority of competent jurisdiction, then such portion will be deemed to be stricken and the remainder of the document(s) shall continue in full force and effect.
SECTION 5.2. Severability Clause. In case any provision in this Amendment shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
SECTION 5.2. Severability Clause. In case any provision in this Amendment shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
SECTION 3.2 Severability Clause. In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
Section 6.2 Severability Clause. In case any provision in this Amendment shall be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
SECTION 3.2 Severability Clause. In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
SECTION 5.2 Severability Clause. Any provision of this Amendment which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
§ 16 Severability Clause Should individual provisions of this Agreement be or become void or ineffective in whole or in part, the effectiveness of the remaining provisions shall not be affected. The law (Sect. 306 para. 2 BGB) shall apply in place of any general terms and conditions that are not included or are ineffective. In all other respects, the parties shall replace the void or ineffective provision with an effective provision that comes as close as possible to the economic purpose of the void or ineffective provision, provided that no supplementary interpretation of the Agreement has priority or is possible.
Add a severability clause, which provides that, in the event any provision of the Amended and Restated By-Laws is rendered invalid, illegal or unenforceable, such provision shall be severable from the other provisions of the Amended and Restated By-Laws; and
Section 3.04 Severability Clause. In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
A Severability Clause is a provision commonly found in contracts that ensures if one part of the contract is found to be invalid, illegal, or unenforceable, the remainder of the contract will still be in effect. Essentially, it allows the contract to survive even if one or more of its provisions cannot be applied.
You should consider using a severability clause in practically every contract you draft. This clause is particularly important in:
A standard severability clause might look something like this:
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
To make the clause more comprehensive, you could write:
Should any provision of this Agreement be determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue to be valid and enforceable. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to render it valid and enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Agreement.
Severability clauses are commonly included in various types of contracts, such as:
Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
Statutory tax districts are specially designated areas within which local governments can levy taxes to fund specific public services and infrastructure projects. These districts are established by legislation and can include mechanisms for tax collection, allocation, and regulation to ensure the targeted use of the generated funds.
The "Subordination of Lease" clause establishes that the tenant's lease is subordinate to the liens of any current or future mortgages on the property, giving the mortgage lender's rights priority over the tenant's rights. This means that if the property is foreclosed, the lease may be terminated unless the lender agrees otherwise.
A tax disclaimer clause states that the parties to the contract are responsible for their respective tax obligations and clarifies that the company providing a service or product will not be held liable for any tax-related issues or penalties incurred by the other party. This clause ensures that each party independently handles their tax liabilities in compliance with relevant laws.
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