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Severability Clause

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Definition

This clause ensures that if one contract term is found invalid, the rest of the contract remains enforceable. It prevents entire contract invalidation over single defects.

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About this term

Severability clauses protect contracts by isolating invalid provisions. If one clause violates law or is unenforceable, severability clause allows rest of contract to stand. Without severability, entire contract might fail. Example: contract includes interest rate that violates usury law; severability clause allows lender/borrower to remove invalid rate and enforce rest of contract. Severability clauses are standard in mortgages, purchase contracts, rental agreements. Particularly important in contracts spanning multiple jurisdictions (state laws vary). Severability ensures contract intent survives minor defects. Enforcement varies by jurisdiction: some courts honor severability clauses strictly; others rewrites terms if too much is invalid.

Pro Tip

Severability clauses protect you by ensuring single defects don't destroy entire contract.

Example

Contract includes clause that violates state law. Severability clause allows removal of invalid clause while enforcing entire rest of contract.

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