Severability clause
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The severability clause (sometimes referred to as a salvatorius clause, from the Latin word salvatorius) is the name for a special clause that regulates the legal consequences or the applicability of the remaining clauses of a contract when some clauses of a contract are or become ineffective or infeasible. The goal of the severability clause is usually to maintain the spirit of the contract as much as possible.
Severability clauses are sometimes used in statutes, to preserve the effectiveness of certain portions of the statute if some part is struck down as unconstitutional by a court acting in judicial review.
[edit] Sample clause
- "If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
- the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
- the validity or enforceability in other jurisdictions of that or any other provision of this Agreement."