This is a very odd 08:21 Sep 14, 2011
phrasing for what in the legal business is known as a 'severability clause'. Are you sure the original does not say 'severable'??
"How can this happen? A typical severability clause in a non-compete agreement might provide that “the provisions of this agreement are severable. If any provision is deemed to be invalid, void or unenforceable, the remaining provisions shall not as a result be invalidated.” Such a clause can be of great help in states like Louisiana or Wisconsin where overbreadth can be fatal. Upon finding a non-compete provision unenforceable, these courts are powerless to modify or blue-pencil the agreement. Under these circumstances, a severability clause may salvage a separate, independent non-solicitation or confidentiality provision contained in the same agreement." |