Real-World Severability Clauses (with 4 Examples)

The inclusion of a severability clause in a legal contract ensures that if any one part of a contract is deemed unenforceable, the remainder of the contract will be stay intact. The legal concept of severability is a critical aspect to be taken into consideration when drafting a contract to ensure all parties are protected.  There are many ways to effectively express a severability clause – here are 4 examples of severability clauses currently available in the RealDealDocs database:


Clause: 6.7 – Severability

RASNA THERAPEUTICS

Any term or provisions of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

Clause 10.13 – Severability

Modification Of (i) Acquisition Agreement And (ii) Associated Seller’s Acquisition Notes: Cannabis Global Inc.

If any term or provision of this Note is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Note or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Note so as to affect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Clause 7.5 – Severability

TAX RECEIVABLE AGREEMENT

If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

Section 14.06 – Severability

Asset Purchase Agreement

The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions hereof. If any provision of this Agreement, or the application thereof to any Person or any circumstance, is invalid or unenforceable, (a) the Parties will negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible and (b) the remainder of this Agreement and the application of such provision to other Persons or circumstances will not be affected by such invalidity or unenforceability.


Whatever documents, clauses, agreements, or contracts you’re drafting, RealDealDocs has you covered. We’ve done the work of compiling real-world documents to save you time and attorney’s fees. Furthermore, RealDealDocs has categorized these documents and made them searchable using the same proprietary technology that is deployed at some of the largest law firms in the country. Visit RealDealDocs today to see what we can do for you.


 

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