Aug 17, 2011 08:35
12 yrs ago
3 viewers *
Russian term
(на..не влияет) то, что какое-либо другое положение окажется недействительным
Russian to English
Bus/Financial
Law: Contract(s)
Severability clause
Положения ...Договора подлежат приведению в исполнение независимо от всех других положений и на действительность каждого из них не влияет то, что какое-либо другое положение окажется недействительным
Provisions.. of this Agreement shall be enforceable independently of any other provisions and the enforceability of each of them shall not be affected by ??
Provisions.. of this Agreement shall be enforceable independently of any other provisions and the enforceability of each of them shall not be affected by ??
Proposed translations
(English)
| 4 +2 | its validity, legality or enforceability shall not be affected if any oth. provision becomes invalid |
Nadezhda Kirichenko
|
References
| severance / severability |
Nadezhda Kirichenko
|
Proposed translations
+2
3 hrs
Nadezhda Kirichenko
Native in Russian
Specializes in field
lawyer-linguist (EN-RU, RU-EN)
Native in: Russian 
, Ukrainian
Works in: English to Russian, Russian to English, English to Ukrainian, and 1 more.
Related KudoZ points
:
67
Selected
its validity, legality or enforceability shall not be affected if any oth. provision becomes invalid
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.
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.
4 KudoZ points awarded for this answer.
Comment: "Спасибо!"
Reference comments
3 hrs
Nadezhda Kirichenko
Native in Russian
Specializes in field
lawyer-linguist (EN-RU, RU-EN)
Native in: Russian , Ukrainian
Works in: English to Russian, Russian to English, English to Ukrainian, and 1 more.
Related KudoZ points
:
67
Reference:
severance / severability
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].
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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