Severability/saving clause vs “to the maximum amount permitted by law” | LegaMart

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QuestionApr 1, 2021 - 14:43

Severability/saving clause vs “to the maximum amount permitted by law”

If a contract includes one invalid clause, it may be thrown out completely. To compensate I've seen severability clauses such as: "if a provision is found to be invalid or unenforceable, the remaining provisions will still be in full force and effect." I've also seen severability clauses like: "if a provision is found to be invalid or unenforceable and limiting it would make it valid and enforceable, then it shall be construed and executed as so limited." But the two must be combined if they want to sever a clause even if it can't be fixed by limiting: "if a provision is found to be invalid or unenforceable and limiting it would make it valid and enforceable, then it shall be construed and executed as so limited. If limiting it does not make it valid and enforceable, then it shall be severed from the contract and the remainder will remain in full force and effect." This contract will be implemented to the full extent of the law. or something like that? Probably don't even need the word "full" in there.

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