F4 Severability Clause Samples
The Severability clause ensures that if any part of the contract is found to be invalid, illegal, or unenforceable by a court or other authority, the remainder of the agreement will still remain in effect. In practice, this means that if a specific provision is struck down, the rest of the contract continues to bind the parties, and only the problematic section is disregarded or modified as necessary. This clause is essential for maintaining the overall enforceability of the contract, preventing the entire agreement from being voided due to one problematic provision.
F4 Severability. If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.
F4 Severability. If any provision of the Framework Agreement and any Call-Off Contracts are held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Framework Agreement or any Call-Off Contracts have been executed with the invalid provision eliminated.
F4 Severability. If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the Contract, the Parties shall immediately commence negotiations in good faith to remedy the invalidity. F5 Remedies in the Event of Inadequate Performance F5.1 Where a complaint is received about the standard of Services or about the manner in which any Services have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Prime Contractor’s obligations under the Contract, then the Authority shall take all reasonable steps to investigate the complaint. The Authority may, acting reasonably in its sole discretion, uphold the complaint and take further action in accordance with Condition H2 (Termination on Default) of the Contract.
F4 Severability. F4.1 If any provision of this Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this Contract shall continue in full force and effect as if this Contract had been executed with the invalid, illegal or unenforceable provision eliminated. F5 REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE F5.1 In the event that the Council is of the reasonable opinion that there has been a Default of this Contract by the Provider, then the Council may, without prejudice to its rights under Clause H2 (Termination on Default) or H7 (Improvement Plan Process), do any of the following:-
F4 Severability. F4.1 If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.
F4.2 In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the Contract, the Parties shall immediately commence negotiations in good faith to remedy the invalidity. The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
F5.1 Where a complaint is received about the standard of Services or about the way any Services have been delivered or work has been performed or about the materials or procedures used or about any other matter connected with the performance of this Contract, then the Authorised Officer shall take all reasonable steps to ascertain whether the complaint is valid. If the Authorised Officer so decides, he may uphold the complaint, or take further action in accordance with the provisions of Condition H2 of this Contract.
F5.2 In the event that the Authority is of the opinion that there has been a material breach of this Contract by the Supplier, or the Supplier’s performance of its duties under the Contract has failed to meet the requirements, then the Authority may, without prejudice to its rights under Condition H2 of the Contract, do any of the following:
(a) make such deduction from the Contract Price as the Authority shall reasonably determine to reflect sums paid or sums which would otherwise be payable in respect of such of the Services as the Supplier shall have failed to provide;
(b) without terminating the Contract, itself provide or procure the provision of part of the Services until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Authority that the Supplier will once more be able to perform such part of the Services in accordance with the Contract;
(c) charge to the Supplier any cost reasonably incurred by the Authority and any reasonable administration costs in respect of the provision of any part of the Services by the Authority or by a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Services;
(d) without terminating t...
F4 Severability. In the event that the Authority considers that there has been a Default by the Contractor, then the Authority may, at its sole discretion, and without prejudice to its other rights and remedies under the Contract including under clause H1 (Termination by the Authority), without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Fees shall be made) and thereafter itself supply or procure a third party to supply such part of the Services.
F4 Severability. If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated. F5.1 Where a complaint is received about the standard of Services or about the manner in which any Services have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Contractor’s obligations under the Contract, then the Client shall notify the Contractor, and where considered appropriate by the Client, investigate the complaint. The Client may, in its sole discretion, uphold the complaint and take further action in accordance with clause H2 (Termination on Default) of the Contract.
F4 Severability. F4.1 If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.
F4.2 In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the Contract, the Parties shall immediately commence negotiations in good faith to remedy the invalidity. The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
F4 Severability. If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated. F5.1 Notwithstanding anything in clause B3.7, where a complaint is received about the standard of Service or about the manner in which any Service have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Supplier’s obligations under the Contract, then the Authority shall take all reasonable steps to investigate the complaint. Without prejudice to its other rights and remedies under the Contract, the Authority may, in its sole discretion, uphold the complaint and take further action in accordance with clause F5.2 or clause H2 (Termination on Default) of the Contract. For the avoidance of doubt, the provisions of clauses F5.2 – F5.6 apply irrespective of whether such a complaint has been received by the Authority or not.