If you have ever signed a legal agreement, you may have noticed a section in it called « severability clause. » This clause is designed to protect both parties in case one or more provisions of the agreement are found to be unenforceable or invalid. In this article, we will discuss what a severability clause is, why it is important, and how it works.

What is a Severability Clause?

A severability clause, also known as a savings or separability clause, is a section of a contract or agreement that states that if any provision of the contract is found to be unenforceable, invalid, or against the law, the rest of the agreement will remain intact. The clause allows the parties to continue with the rest of the contract, even if certain provisions are deemed unenforceable.

Why is a Severability Clause Important?

A severability clause is important because it can help protect both parties from the risks of an unenforceable agreement. If a contract does not have a severability clause and a court finds one or more provisions to be invalid or unenforceable, the entire contract may be invalidated, leaving both parties with no agreement at all. In contrast, if a severability clause is included, the parties can continue to rely on the remaining provisions of the agreement.

Additionally, a severability clause can also help prevent ambiguity and confusion. By including the clause, both parties can have a clear understanding of what will happen if any provisions of the contract are found to be unenforceable, which may help to avoid future disputes or legal issues.

How Does a Severability Clause Work?

The typical language used in a severability clause is as follows:

« If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. »

Essentially, the clause works by separating the provisions of the agreement into independent parts. If one part is deemed unenforceable or invalid, it will not affect the rest of the contract. The remainder of the agreement will still be valid and enforceable, and the parties can continue to rely on it.

In Conclusion

A severability clause is an essential element of any legal agreement, as it can protect both parties from the risks associated with an unenforceable agreement. By including this clause in your contract, you can ensure that the rest of the contract remains valid and enforceable, even if one or more provisions are found to be unenforceable. So, it is always a good idea to have a clear and concise severability clause in your legal agreements.