A severability clause in a contract allows certain parts to remain in effect even if others are illegal or unenforceable. Severability might refer to certain vital provisions that must be left intact. Severability clauses often contain savings language and reformation language.

What is the purpose of the severability clause?

Purpose of Severability Clause

The purpose of a severability clause is to preserve the remaining, valid parts of a contract. Doing so reinforces the seriousness of entering into a written agreement while ensuring that other parties are not damaged when dealing with a severability issue.

Are severability clauses necessary?

It is thus essential that a severability clause not only ensure the survival of the remaining contract; it should also address what else happens in the event of severance.