Enforcement, Severability, and Modification Clause Samples
The "Enforcement, Severability, and Modification" clause defines how the contract remains effective and adaptable if certain provisions are found unenforceable or require changes. Typically, this clause states that if any part of the agreement is deemed invalid or unenforceable by a court, the rest of the contract will still be upheld, and only the problematic section will be removed or modified as necessary. It may also outline the process for making amendments to the contract, often requiring written consent from all parties. The core function of this clause is to ensure the contract remains enforceable and functional even if some terms are challenged, thereby preventing the entire agreement from being voided due to a single issue.
Enforcement, Severability, and Modification. If, at the time of enforcement of any provision of Section 7 of this Agreement, a court or arbitrator holds that the restrictions stated in Section 7 of this Agreement are unreasonable or unenforceable under the circumstances then existing, the Parties agree that (i) the court/arbitrator should first reform the provisions of Section 7 prior to severing any provisions, and if the court/arbitrator will not or cannot reform such provisions, then the court/arbitrator may sever provisions as described in this paragraph, (ii) the provisions of Section 7 of this Agreement shall be severable in the event that any of such provisions are, for any reason whatsoever, deemed invalid, void or otherwise unenforceable, (iii) such invalid, void or otherwise unenforceable provisions in Section 7 of this Agreement shall be automatically replaced by other provisions which are as similar as possible in terms to such invalid, void or otherwise unenforceable provisions but are valid and enforceable, and (iv) the remaining provisions in Section 7 of this Agreement shall remain enforceable to the fullest extent permitted by law.
Enforcement, Severability, and Modification. In the event any provision of this agreement is found to be unenforceable by an arbitrator or court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, it being intended that the parties shall receive the benefit contemplated in this Agreement to the fullest extent permitted by law. If a deemed modification is not satisfactory in the judgment of such arbitrator or court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.