As a professional, I have come across many legal documents that contain a severability clause. Though it may seem like a small and insignificant addition to a contract, the severability clause is an essential element that can protect all parties involved in a legal agreement.
So, what is a severability clause, and why is it necessary? A severability clause, also known as a savings clause, is a provision in a contract that states that if any part of the agreement is found to be invalid or unenforceable, the remaining provisions of the contract will remain in effect. Essentially, it allows the rest of the agreement to stand if one part of the contract is deemed unenforceable.
There are several reasons why a contract may be deemed invalid or unenforceable. For example, if a contract violates a law or a court finds the contract to be unfair or unconscionable, it may be deemed unenforceable. In such cases, a severability clause can protect the interests of both parties by allowing the valid portions of the contract to remain in effect.
A severability clause can also be useful if one party breaches the contract, and a court finds that the breach affects only one part of the agreement. In such cases, a severability clause allows the remaining provisions of the contract to stand, giving the affected party the right to seek damages for the breach of the specific provision.
To understand severability clauses better, let`s take a look at a sample contract provision:
“If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.”
This provision makes it clear that if any portion of the agreement is deemed unenforceable, the rest of the contract will remain intact. This provision can provide peace of mind to both parties, knowing that the contract will continue to be enforceable, even if one provision is struck down.
In conclusion, a severability clause is a vital provision that should be included in any legal agreement. By including a severability clause in a contract, both parties can rest assured that the agreement will remain enforceable, even if part of the contract is deemed unenforceable. A well-crafted severability clause can also protect both parties in case of breach of the contract. Therefore, it is crucial to work with a qualified attorney to ensure that the contract`s severability clause is written correctly.