Do you want a court to excise certain provisions?
A common clause that you will see in a contract is a severability clause. It may be as simple as saying if any portion, provision or part of this agreement is held by any court of competent jurisdiction to be invalid or unenforceable for any reason, each such portion or provision shall be severed from the remaining portions of this agreement and such determination or adjudication shall not affect the validity or enforceability of the remaining portions or provisions of this agreement. Basically, you’re trying to save the contract with a safety net and most of the time that is a sensible spot to be in. Courts will blue pencil the agreement and, in a way, renegotiate the contract. That is where a severability clause can reach back and bite you if you don’t play it out. Integration and cooperation clauses can also help with your safety net but parties often differ as to what constitutes integration and cooperation.
Agenda
Faculty
Sean R. Smith
Continuum Legal Group LLP
- Founding Member of Continuum Legal Group LLP
- Represents companies and individuals in a multitude of different areas of litigation and alternative dispute resolution
- Tried multiple actions in state and federal courts in Georgia and surrounding states, including a representation of Time Inc., which was noted as one of the 15 significant defense verdicts in the country in 1996
- Represented numerous clients in appeals in both state and federal court
- Advises clients on an ongoing basis regarding various methods of avoiding litigation and making litigation more effective and efficient when it is necessary
- Briefed and argued appeals in numerous appellate courts, including the 11th Circuit, 6th Circuit, the Supreme Courts of Georgia and Montana, and the Court of Appeals of Georgia
- J.D. degree, University of Chicago; A.B. degree, on the law review and was a Hinton Moot Court Finalist, Harvard College
- Can be reached at [email protected] or 470-763-6227
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