AND SEVERABILITY PROVISION Clause Samples
An "And Severability Provision" is a contractual clause that ensures if any part of the agreement is found to be invalid or unenforceable, the remainder of the contract will still remain in effect. In practice, this means that if a court strikes down a specific term—such as a non-compete restriction or a particular warranty—the rest of the contract continues to bind the parties as intended. The core function of this provision is to preserve the enforceability of the overall agreement, preventing the entire contract from being voided due to one problematic section.
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AND SEVERABILITY PROVISION. If a court of competent jurisdiction declares any provision of this Agreement invalid, void, voidable, or unenforceable, the court shall reform such provision(s) to render the provision(s) enforceable, but only to the extent absolutely necessary to render the provision(s) enforceable and only in view of the parties’ express desire that the Company be protected to the greatest possible extent under applicable law from improper competition and the misuse or disclosure of trade secrets and Confidential Information. To the extent such a provision (or portion thereof) may not be reformed so as to make it enforceable, it may be severed and the remaining provisions shall remain fully enforceable.