Severability

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Severability

A clause in a contract stating that if one clause in the contract is ruled illegal or unenforceable, the remainder of the contract remains in effect. Severability exists to protect the counterparties to the contract from the possibility that the whole contract will be ruled invalid. This is especially important if one or both parties must spend money in the execution of the contract. A contract without a severability clause could be declared entirely invalid if a single section is declared invalid. It is also called a savings clause.
References in periodicals archive ?
The Clean Power Plan's severability clause will become
The bill includes a severability clause so that if any part of the bill is found unconstitutional, then all of the other provisions will remain intact.
28) The court declined to sever the contested language from the agreement on the basis of the document's severability clause finding that severance would require the court to rewrite the contract.
The court could not overturn the provisions in whole, the state's attorney argued, because a severability clause in the law requires doctors and patients who believe their constitutional rights have been violated by the law to individually seek exclusion from its provisions.
All three bills also contain a severability clause, which states that if certain provisions are held to be unconstitutional, the other provisions are unaffected.
157) Besides providing that the FAA would govern the arbitration, the arbitration agreement contained a waiver of punitive damages and a severability clause.
111-148 (the Patient Protection Act), which requires states to accept an enormous expansion in the number of people they cover under the program or face a cut of all Medicaid funds, was unconstitutional as enacted, but found that a severability clause in the law allowed it to go forward without the threat of the loss of all Medicaid funds.
The Eleventh Circuit also ruled, curiously, that despite the absence of a severability clause in the law, the rest of the law could be implemented without the individual mandate component.
That's because the healthcare law lacks a severability clause that would maintain the law's overall validity if the individual mandate requirement gets overturned.
Severance, in the absence of a severability clause, wreaks havoc on the Constitution's system of checks and balances and ignores the Separation of Powers doctrine," states the AAPS brief.
See, if the mandate--even by itself- is ruled unconstitutional, the law's lack of a severability clause would invalidate the entire piece of legislation.
District Judge Roger Vinson, who had found the entire law unconstitutional because the individual mandate was "inextricably bound together" with the rest of the law and because Congress had failed to include a severability clause in the law.