The importance of severability clause in contracts
Al Armouti Publications
Jul 20, 2023
A severability clause, also known as a "savings clause," is a provision included in a contract that states that if any part of the contract is found to be invalid or unenforceable, the remainder of the contract will still be valid and enforceable. The purpose of a severability clause is to allow the parties to continue to be bound by the contract even if certain provisions are deemed invalid or unenforceable.
The inclusion of a severability clause is important because it ensures that the entire contract is not invalidated due to a single problematic provision. Without a severability clause, if any part of the contract is found to be invalid, the entire contract could be deemed void and unenforceable.
Here are a few examples of text that could be used in a severability clause:
"If any part of this agreement is found to be invalid or unenforceable, the remainder of the agreement shall remain in full force and effect."
"The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect."
"Any provision of this agreement that is found to be invalid or unenforceable shall be replaced with a valid and enforceable provision that reflects the original intent of the parties as closely as possible."
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