(на..не влияет) то, что какое-либо другое положение окажется недействительным
English translation: its validity, legality or enforceability shall not be affected if any oth. provision becomes invalid
| 08:35 Aug 17, 2011 |
| Russian to English translations [PRO] Bus/Financial - Law: Contract(s) / Severability clause | |||||||
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|  Selected response from: Nadezhda Kirichenko Local time: 06:48 | ||||||
Grading comment
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| 4 +2 | its validity, legality or enforceability shall not be affected if any oth. provision becomes invalid |
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| severance / severability |
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Answers
3 hrs confidence: 
peer agreement (net): +2
peer agreement (net): +2its validity, legality or enforceability shall not be affected if any oth. provision becomes invalid Explanation: The provisions /each provision/ of this Agreement shall be enforceable independently of all other provisions and its validity, legality or enforceability shall not be affected if any other provision becomes invalid, illegal or unenforceable. http://www.buttonlegal.co.uk/legal.aspx?item=32 - почти идентичная фраза *** The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. *** http://www.contractstandards.com/contract-structure/general-... Severability The severability clause states that the terms of the contract are independent of each another, so that if a term in the contract is deemed unenforceable by a court, the contract as a whole will not be deemed unenforceable. It may contain two parts: (a) savings language to preserve the validity of all other terms in the event that one provision is determined to be unenforceable; and (b) reformation language to scale back overly broad provisions to terms and scope that are enforceable (such as limiting the time and geographic scope of non-compete covenants). The severability clause is frequently one of the most variable (or inconsistent) clauses in an agreement as lawyers creatively attempt to maximize the scope of restrictive covenants. It is also interesting to note that virtually all executive employments contain savings clause language, but surprisingly few contain reformation language. Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. |
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3 hrs |
| Reference: severance / severability Reference information: http://www.arnoldporter.com/publications.cfm?action=view&id=... If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties *** 1. Severance: (a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. (b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. *** Severance 1.1 If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the agreement, and the validity and enforceability of the other provisions of the agreement shall not be affected. 1.2 If a provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, [the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable OR the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention]. |
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