| Commentary

37.1 Severance of contract clause

| Commentary

37: SEVERANCE AND INVALIDITY

(For severance clauses see Form 37.1 [1556] onwards.)

37.1 Severance of contract clause

A severance clause is often included in an agreement to provide for the eventuality of a provision being held to be unenforceable, unlawful or void. The severance clause removes the offending words or provision and leaves the remaining part of the contract in operation, as far as it is possible to do so. A short form might read as follows:

‘If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the

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