READING DOWN AND SEVERANCE. In the event that any provision or portion of any provision of this Agreement is held to be unenforceable or invalid by a Court of competent jurisdiction the validity and enforceability of the remaining provisions or portions of such provisions of this Agreement or any Customer Agreement (as the case may be) shall not be adversely affected. The offending provision or part of a provision shall be read down to the extent necessary to give it legal effect, or shall be severed if it cannot be read down, and the remaining part and provisions of this Agreement or any Customer Agreement (as the case may be) shall remain in full force and effect.
READING DOWN AND SEVERANCE. (a) If any law making unfair contract terms void could apply to a term in this Agreement, the following rules apply to interpreting that term.
(i) If the law would make the term void because the term permits us to exercise a right or discretion in a way or to an extent that would cause detriment to you contrary to that law, the term shall be read down and construed so as not to permit us to exercise the right or discretion in such a way or to such an extent but otherwise the term shall be construed as permitting us to exercise the right or discretion in all ways and to any extent consistent with the term.
(ii) If the law would make the term void because the term imposed a particular amount for a fee or charge, the term shall be read down and construed as authorising the maximum amount for that fee or charge which would not cause the term to be void.
(iii) If the law would make the term void because it authorised us to recover costs or losses or damages to be calculated by us in a specified way or in a way we choose, the term shall be read down and construed as authorising us to recover the maximum reasonable costs, losses and damages to be calculated in a reasonable way that did not cause the term to be void.
(iv) If, despite the application of rules (i), (ii) and (iii) to the term, the law would make the term void, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void. These reading down rules apply before the following additional reading down and severance provision:
(b) If a provision of this Agreement is void or voidable or unenforceable by NAB, but would not be void or voidable or unenforceable if it were read down, it shall be read down accordingly.
(c) If, despite paragraph (b), a provision of this Agreement is still void or voidable or unenforceable by NAB:
(i) if the provision would not be void or voidable or unenforceable if a word or words were omitted there from, that word or those words (as the case may be) are severed; and
(ii) in any other case, the whole provision is severed, and the remainder of this Agreement has full force and effect.
READING DOWN AND SEVERANCE. 23.1 Any provision in this Contract which is invalid or unenforceable (including, without limitation, under the
(a) must be read down to the extent necessary to avoid that result; and
(b) if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of this Contract.
READING DOWN AND SEVERANCE. 9.1 Any provision in this Contract which is invalid or unenforceable (including, without limitation, under the Competition and Consumer Xxx 0000 (Cth) or the Australian Consumer Law):
(a) must be read down to the extent necessary to avoid that result; and
(b) if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of this Contract.
READING DOWN AND SEVERANCE. 1.3.1. This Agreement is to be interpreted and read down, so far as the text and context allows, to comply with the requirements of the law.
1.3.2. Except as provided for in this clause, any provision contained in This Agreement which is void, unlawful, unenforceable or ineffective shall be severed and shall not affect the remaining provisions of This Agreement.
READING DOWN AND SEVERANCE. 26.5.1. If any provision of this MSA is found to be void or unenforceable, that provision may be severed and the remainder of the MSA must be interpreted as if the severed provision had never existed.
READING DOWN AND SEVERANCE. (1) If a covenant or condition of this Lease is void or voidable by any party or unenforceable or illegal but would not be void or voidable or unenforceable or illegal if it were read down and it is capable of being read down, it must be read down accordingly.
(2) If notwithstanding clause 20.8 (1) a covenant or condition of this Lease is still void or voidable or unenforceable or illegal:-
(a) if it would not be void or voidable or unenforceable or illegal if a word or words were omitted, that word or those words are hereby severed;
(b) in any other case the whole covenant or condition is hereby severed and the remainder of this Lease has full force and effect.
READING DOWN AND SEVERANCE i. If any provision of this Agreement is void, voidable, unenforceable or illegal in its terms but would not be void, voidable, unenforceable or illegal if it were read down or severed and it is capable of being read down or severed, then that provision will be read down or severed accordingly. The remainder of this Agreement will be of full force and effect
READING DOWN AND SEVERANCE. 2.6.1 If a provision of this Deed is reasonably capable of an interpretation which would render that provision to be unenforceable, illegal, invalid or void and an alternative interpretation would not have one of those consequences, then that provision shall be interpreted or construed so far as is possible, to be limited and read down such that its meaning is that which does not render it unenforceable, illegal, invalid or void.
2.6.2 Subject to clause 2.6.1, if a provision of this Deed is for any reason illegal, void, invalid or unenforceable, then that provision shall be severed from this Deed without effecting the legality, validity or enforceability of the remainder of this Deed.
2.6.3 If a provision of this Deed is severed under clause 2.6.2, the parties agree to negotiate in good faith to reach Deed upon an amended provision as a replacement for the severed provision.
READING DOWN AND SEVERANCE. 24.1 Any provision in the Contract which is illegal or unenforceable must be read down to the extent necessary to avoid that result, and if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of the Contract.
