Jul 31, 2018 15:02
5 yrs ago
3 viewers *
English term

limiting such provision valid

English Law/Patents Law: Contract(s)
This is the sentence in which this expression occurs:

"Severability:
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.

If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if
limiting such provision valid, then such provision shall be deemed to be construed as so limited."

I am almost sure that a word has been omitted in the source text which could possibly read ".., and if limiting such provision is valid"

But this does not make sense either.
If a provision is declared invalid by a court then it is invalid. this is not just a limitation, but a decision which makes the provision null and void.

Perhaps someone expert out there is able to understand the meaning of this sentence better than me?
Your input would be appreciated.
Change log

Aug 1, 2018 13:29: AllegroTrans changed "Language pair" from "English to French" to "English"

Discussion

Daryo Jul 31, 2018:
Yes, ... and if limiting such provision would make the provision valid ... makes perfect sense.
AllegroTrans Jul 31, 2018:
Agree with Germaine. It should be clear now.
Germaine Jul 31, 2018:
Cassandra, Ces dispositions sont plutôt courantes et effectivement, il t'en manque un bout! On devrait lire:
If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

https://www.google.ca/search?q="If any provision of this Agr...
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