Q: what does this mean?
if any terms or provisions of this memorandum is invalid, void, or unforeseeable, that term shall be severed from this memorandum, and the remaining terms and provisions shall continue in full force in effect. Coupled with this... The parties, by entering into this memorandum, do not admit or acknowledge the existence of any any obligation, liability, or wrong doing, other than such obligations as described in the memorandum. All this entire doc is a release of liability from a new purchaser of the house, and us the tenant he wants removed. the above ;language seems unnecessary, as there is just a release of 1542 from both sides and a cash for keys payment. please help.
A: I understand your concern about the language in the memorandum and your desire for a simpler release of liability. If you find certain terms unnecessary or unclear, it's advisable to consult with a real estate or contract lawyer. They can review the document and provide guidance on potential modifications or alternative language. It's important to ensure that all parties understand and agree to the terms of the release of liability. You can discuss your concerns with the other party and try to negotiate mutually acceptable terms. Working with a lawyer will ensure that the agreement protects your rights and adheres to the law. Best of luck with reaching a satisfactory resolution.
A: Your first question deals with a severability clause. If a Court rules that certain clauses in the contract are void, then the contract expressly states the remainder of the contract is still valid amongst the parties and remains in effect.
Yelena Gurevich agrees with this answer
A:
the language means exactly what it says...
-if any terms or provisions of this memorandum is invalid, void, or unforeseeable, that term shall be severed from this memorandum, and the remaining terms and provisions shall continue in full force in effect.
--this means as attorney Avery stated, that if any provision is found to be invalid for any reason (i.e. attorney fees will be given to winning party, but the law does not allow attorney fees for whatever reason), then that specific provision is removed from the contract as if it was not part of it, but the remaining terms of the contract are still considered valid.
-Coupled with this... The parties, by entering into this memorandum, do not admit or acknowledge the existence of any any obligation, liability, or wrong doing, other than such obligations as described in the memorandum.
--neither party will admit they were wrong even though there is a settlement of a legal case.
even if language seems unnecessary, lawyers, i.e. those drafting such agreements, are overly cautious and tend to over include rather than under include provisions, and these are very standard in almost every settlement agreement i have ever seen.
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