|
|
HomeABOUT USINTRODUCTIONWHAT IS "CONTRACTS MANAGEMENT" ?12 PRACTICAL REASONS TO USE WRITTEN AGREEMENTS WITH SUPPLIERSCONTRACT LEGALESE REDUCTION TIPS60 PRACTICAL CONTRACT DRAFTING TIPSCOMMERCIAL CONTRACTS MANAGEMENT BEST PRACTICES50 TIPS FOR YOUR STATEMENT OF WORK (SOW)JOHNNY'S SOW TEMPLATEService Level Agreement TemplateINTERNATIONAL SALES AGREEMENT CHECKLISTCHECKLIST FOR JOINT COLLABORATIVE AGEEMENTS115 ISSUES IN COMMERCIAL SERVICES AGREEMENTSRISK MANAGEMENTCHECKLIST FOR OUTSIDE COUNSEL AGREEMENTSSEVERABILITY40 INDEMNIFICATION CLAUSE REVIEW TIPSUS PATENTS: 30 FACTORS TO CONSIDER40 NON DISCLOSURE AGREEMENT REVIEW TIPS14 IMPORTANT, PRACTICAL, AND USEFUL INVENTORSHIP ISSUESSTART-UP ENTITY INTELLECTUAL PROPERTY DUE DILIGENCE CHECKLIST4 STEP NEGOTIATION CHECKLISTP-4 PREFERRED PROVIDER PARTNERING PROGRAMOFF SHORE OUTSOURCING OF COMMERCIAL CONTRACTS MANAGEMENTBUSINESS INSURANCE BROKER AGREEMENTSJOHNNY'S CERTIFICATE OF INSURANCE REVIEW CHECKLISTTX BUSINESS TYPETX LLC CHECKLISTTX CORP CHECKLISTSTATE BAR OF TEXASCLIENT REVIEWSAVVOARTICLES57 RESUME BLUNDERSYOGI-ISMSUECKER-ISMSBASEBALL IS DIFFERENTClient Access Only Page - Password Protected
|
In some US jurisdictions the contractual concept of "severability" applies to most contracts. However, the courts in such jurisdictions may not be able to legally delete (sever) certain provisions of a contract because some of those provisions may be just too essential to the contract’s purpose. In such a case, the courts may have to invalidate the entire contract. So, it is generally wise to go ahead and include a severability clause in a contract to show the contractual intent of the parties to delete invalid, illegal or unenforceable contract provisions and at the same time save the remainder of the contract. Four sample severability clauses: 1: SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability. 2: SEVERABILITY. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. If possible, any unenforceable provision within this Agreement will be modified to reflect the parties’ original intention. 3: SEVERABILITY. If any provision, or portion thereof, of this Agreement is, or becomes, invalid under any applicable statute or rule of law, it is to be deemed stricken and the rest of this Agreement shall remain in full force and effect. 4: SEVERABILITY. If any term or provision of this Agreement is found
by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other
terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent
necessary in the court's opinion to render such term or provision 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 of the
parties herein set forth.
|
Enter supporting content here