What is a “Severability” clause?..
The purpose of an enforcement and severability clause is to enable a court to exclude any portion of the agreement that is not enforceable (for whatever reason), and to enforce the agreement as if the unenforceable provision had not been included. Such clauses are useful, but only to a point. Courts are reluctant to rewrite agreements using this clause, and are extremely reluctant use the clause to ‘save’ restrictive covenants, such as non-compete clauses that are over-broad and not otherwise enforceable.
Blogs related to this clause:
Can emails be considered confidential information, and therefore can come under the obligation to return or destroy?
June 1 2017
COURT ORDERS DELETION OF CONFIDENTIAL EMAILS Pakage Apparel Inc [...]
September 3 2015
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