What is a severability clause?

A severability clause is a legal agreement that can be included in contracts to ensure that if any part of the agreement becomes invalid, it does not invalidate the entire contract. This type of clause is commonly used in South Carolina and allows contracts to remain legally enforceable even if one or more of the terms are found to be unlawful or unenforceable. In general, severability clauses are written so that if one provision is found to be invalid, the remainder of the agreement will remain valid and enforceable. This means that the other party’s rights to enforce the remainder of the contract will remain intact despite the invalidated provision. For example, if a contract includes a clause that is found to be unenforceable, the severability clause will prevent the entire contract from being invalidated due to this clause. This allows the other terms of the contract to remain valid and enforceable, despite the invalid provision. It is important to note that severability clauses are not always valid and enforceable. In some cases, the invalidated portion might be so integral to the contract that the entire contract is unenforceable. It is always best to consult an experienced contract law attorney in South Carolina if you have any questions or concerns about a severability clause or any other type of contract agreement.

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