Commentary

37.2 Illegality or unenforceability

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

37.2 Illegality or unenforceability

| Commentary

37.2 Illegality or unenforceability

For obvious reasons, this eventuality should be described in wording of wide effect, for example:

‘If any provision in this agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law ...’

or, wider still, to cover decisions by non-judicial authorities:

‘In the event that any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to such effect are received by either of the parties from any relevant competent

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