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Boilerplate clauses are most useful when they make a needed change to the background law for the contract or clarify how that law will be applied. A candidate for improvement on this standard is the common severability clause.

One of the most frequently used variations declares:

“If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.”

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