Commentary

37.3 Severance and enforceability of remainder

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

37.3 Severance and enforceability of remainder

| Commentary

37.3 Severance and enforceability of remainder

The words used to indicate the parties’ desire for severance in general vary little, for example:

‘... such provision shall to the extent required be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances or the validity or enforcement of this agreement’

or, in simpler form:

‘such provision shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected’

Attempts are sometimes made

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