What is a severability clause?

A severability clause is a type of contract clause commonly found in contracts in North Carolina. It is used to protect the legality of a contract if some parts of the contract are found to be invalid or unenforceable. The clause essentially states that if any part of the contract is ruled to be invalid or unenforceable, the remaining parts of the contract will remain valid and enforceable. Severability clauses help to ensure that the entire contract is not found invalid due to a small portion of the contract being unenforceable. Without this type of clause, a contract could be completely voided if one or two of its terms were found to be unenforceable. This clause allows for the contract to be valid despite the invalid portions. For example, if a contract contains a clause that is found to be illegal in North Carolina, then the severability clause would save the remainder of the contract from being rendered void. The court would simply ignore the invalid clause and the other terms of the contract would still remain valid and enforceable. Severability clauses can be extremely useful in ensuring that the rest of the contract still stands even if one part of the contract is found to be invalid. While it is important to review contracts with a lawyer to ensure that all the terms are legally enforceable, a severability clause can provide some extra assurance that the other parts of the contract remain valid even if one part is unenforceable.

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