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Beyond that, not just the clause is unenforceable, it invalidates the whole contract.
by sroussey 10y ago
Beyond that, not just the clause is unenforceable, it invalidates the whole contract.
- ygra 10y agoIsn't there usually a clause at the end stating that even if some parts are unenforceable, the rest of the contract still holds?
- justinjlynn 10y agoYes, typically, there is a 'severability' clause that encodes that.
- Chris2048 10y agoWouldn't that clause be voided too?
- itchyouch 10y agoThe severability clause is what keeps illegal clauses from invalidating the whole contract.
- sroussey 9y agoYes, and CA really doesn't want non-compete clauses, so they invalidate the severability clause as well. By the way, the Silicon Valley HBO show can be remarkably accurate on things. It's rare that a TV show gets things like this right, where people in the business don't. I just happen to know lots of attorneys in the space. I am not an attorney or giving legal advice. Talk to your attorney for that.
- mcv 10y agoInvalidating the whole contract is not good. You still want to get paid and get all the other benefits from the contract.