Glossary entry (derived from question below)
Mar 28, 2006 17:18
18 yrs ago
29 viewers *
English term
severability
English
Law/Patents
Law: Contract(s)
exclusive distributor agreement
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any court or body of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. However, the invalidity or limitation of any such provision shall not affect the validity of the remaining provisions.
Responses
4 +9 | Definition | Kim Metzger |
Change log
Mar 28, 2006 17:27: Kim Metzger changed "Level" from "Non-PRO" to "PRO"
Responses
+9
6 mins
Selected
Definition
Severability Clauses
If you are sailing close to the wind, add a "severability clause" to your non-disclosure agreement. A "severability clause" is a useful bit of boilerplate. You will find it in many different types of legal contracts. What it says is this. If any clause is determined to be invalid, the entire contract should not fail simply because of that one invalid clause. Instead, the invalid clause is "severed" from the contract, hence the term, "severability clause". I have seen some rather creative severability clauses. For example, instead of severing the clause altogether, the parties agree to "reinterpret" the invalid clause to the extent required to render it valid. Lawyers never give up, do they!
http://www.technz.co.nz/business/nondisclosure/nondisc10.htm
If you are sailing close to the wind, add a "severability clause" to your non-disclosure agreement. A "severability clause" is a useful bit of boilerplate. You will find it in many different types of legal contracts. What it says is this. If any clause is determined to be invalid, the entire contract should not fail simply because of that one invalid clause. Instead, the invalid clause is "severed" from the contract, hence the term, "severability clause". I have seen some rather creative severability clauses. For example, instead of severing the clause altogether, the parties agree to "reinterpret" the invalid clause to the extent required to render it valid. Lawyers never give up, do they!
http://www.technz.co.nz/business/nondisclosure/nondisc10.htm
Peer comment(s):
agree |
Victor Potapov
: Yup.
4 mins
|
agree |
jccantrell
: Yessir. Now if we could figger a way to get that into a marriage contract....
23 mins
|
agree |
Lingo Pros
: http://www.google.com/search?sourceid=navclient&ie=UTF-8&rls...
2 hrs
|
agree |
humbird
: Clear explanation!
4 hrs
|
agree |
Isodynamia
4 hrs
|
agree |
Can Altinbay
: Very nice.
5 hrs
|
agree |
Raging Dreamer
8 hrs
|
agree |
Tatiana Nero (X)
19 hrs
|
agree |
Alfa Trans (X)
23 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
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