Failure of a Provision Sample Clauses
The "Failure of a Provision" clause defines what happens if a specific term or condition within the contract is found to be invalid, unenforceable, or otherwise fails to operate as intended. Typically, this clause ensures that the remainder of the contract remains effective even if one provision is struck down or cannot be enforced, often by allowing the problematic provision to be modified or disregarded without affecting the rest of the agreement. Its core practical function is to preserve the overall validity and enforceability of the contract, preventing the failure of a single clause from voiding the entire agreement.
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Failure of a Provision. If any provision of this Agreement (a) is found to be invalid or unenforceable by final decision of a tribunal of competent jurisdiction, (b) is rendered invalid by reason of subsequently enacted legislation, or (c) shall have the effect of a loss to the State of Florida or to FAU of funds, property, or services made available through federal law, or (d) pursuant to Florida Statutes Section 447.309(3), can take effect only upon the amendment of a law, rule, or regulation and the government body having such amendatory authority fails to take the appropriate legislative action, then that provision shall be of no force or effect, but the remainder of the Agreement shall continue in full force and effect. The Board and the UFF shall enter into immediate negotiations to replace a provision of the Agreement that fails for reason (a), (b), or (c) above. The Board and UFF retain the right to bargain provisions that fail for reason (d) above.