Common use of Severance of invalid or illegal terms Clause in Contracts

Severance of invalid or illegal terms. (a) Subject to clause 31.3(c), if: (i) any term of this Agreement (relevant term) is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatever; or (ii) a term of a Standard Distribution Contract which is the same or substantially the same as the relevant term (equivalent template term) is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatever, then: (iii) the relevant term is severed from this Agreement; and (iv) the remainder of this Agreement, excluding the severed part, remains in force, and any term which includes the severed part applies without reliance on the part severed. (b) The Scheme Owner must promptly notify the Customer if it becomes aware that an equivalent template term is or has become invalid, void, voidable or otherwise unenforceable for any reason whatever. (c) If: (i) this Agreement is a Contract by Agreement; (ii) an equivalent template term is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatever; and (iii) the basis on which the equivalent template term is or becomes invalid, void, voidable or otherwise unenforceable for any reason does not apply to this Agreement, then, notwithstanding clause 31.3(a), the Customer and the Scheme Owner may agree in writing that the relevant term will not be severed from this Agreement.

Severance of invalid or illegal terms. (a) Subject to clause 31.3(c12.3(c), if: (i) any term of this Agreement (relevant term) is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatever; or (ii) a term of a Standard Distribution Contract or Drainage Contract which is the same or substantially the same as the relevant term (equivalent template term) is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatever, then: (iii) the relevant term is severed from this Agreement; and (iv) the remainder of this Agreement, excluding the severed part, remains in force, and any term which includes the severed part applies without reliance on the part severed. (b) The Scheme Owner must promptly notify the Customer if it becomes aware that an equivalent template term is or has become invalid, void, voidable or otherwise unenforceable for any reason whatever. (c) If: (i) this Agreement is a Contract took effect by Agreementagreement between the Customer and the Scheme Owner; (ii) an equivalent template term is or becomes invalid, void, voidable or otherwise unenforceable for any reason whatever; and (iii) the basis on which the equivalent template term is or becomes invalid, void, voidable or otherwise unenforceable for any reason does not apply to this Agreement, then, notwithstanding clause 31.3(a12.3(a), the Customer and the Scheme Owner may agree in writing that the relevant term will not be severed from this Agreement.