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 ?
Disregarding the savings clause, the Supreme Court found that a jury conclusion that Honda should have installed airbags would present an obstacle to attaining NHTSA's goal of giving auto manufacturers a choice.
* $150 million lost production (due to lack of savings clause, the effective date and section 19.
(17) The court held that state courts are authorized to enforce existing standards and to "establish standards if they deem existing standards inadequate." (18) The court asserted that the citizens suit savings clause of the CAA "specifically preserves other state actions," including nuisance claims brought pursuant to the source state.
The transfer documents must not employ any language that could be construed as a savings clause such as the one in Procter that takes property back.
Such "savings clauses" allow donors or estates to "take property back" in an amount necessary to avoid transfer taxes.
Whiting, held that LAWA fell within the protection of the licensing exception in IRCA's savings clause. (34)
ERISA generally preempts "any and all State laws insofar as they may now or hereafter relate to any employee benefit plan[.]" (50) However, Congress preserved the historic state authority to regulate insurance by exempting from preemption "any law of any State which regulates insurance, banking, or securities." (51) This passage, known as the "Savings Clause," has received much attention in ERISA jurisprudence as courts search for the line between the "broad preemptive force" of ERISA and the safe harbor that Congress created for traditional state insurance regulation.
In the 5-3 decision, Chief Justice John Roberts noted that licensing issues in the Arizona law are not preempted by federal law because it falls under the Immigration Reform and Control Act's savings clause that permits states licensing and similar laws.
As will be discussed in detail below, Trinko expanded the scope and rationale for implied immunity from antitrust enforcement in a market governed by a regulatory statute that, far from being silent with regard to antitrust, contains a savings clause that expressly preserves the simultaneous operation of antitrust and regulation.
Both bills amend the CAA's savings clause, but keep most of its original CAA savings clause language, so state authority to regulate GHGs is preserved.
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