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Commentary

67 Severance

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

67 Severance

| Commentary

67 Severance1

  1. 67.1

        Is there a provision that if one clause is found unacceptable, invalid or unenforceable by a court (or some other tribunal) then that clause will be severed from the agreement?

  2. 67.2

        Will the remaining provisions of the agreement continue in force?

  3. 67.3

        Are there particular categories of clauses which, if severed, would adversely affect other parts of the agreement, and is there wording to deal with the specific clauses?

  4. 67.4

        If a clause is severed in particular circumstances, such as:

    1. 67.4.1

          unenforceability;

    2. 67.4.2

          illegality; or

    3. 67.4.3

          where it is held to be uncompetitive,

    then will:

    1. 67.4.4

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