The North Carolina Court of Appeals in this case did address the severability clause, holding that it required that the intangibles tax continue in effect without the taxable percentage deduction.
12.
A severable contract generally must contain a " severability clause " that allows certain clauses and aspects of the contract to be " severed " without affecting the validity of the rest of the contract.
13.
The " severability clause " in the policy conditions may be intended to protect against this by preventing misconduct by one insured from affecting insurance for other insureds; however, in certain jurisdictions it may be ineffective.
14.
One element was to add a " severability clause, " or legal language that states that if someone files a successful lawsuit over one element of the plan, it would not negate the rest of the plan.
15.
Even now, however, the State of California is girding itself to enforce the law-- or parts of it, since Proposition 187 contains a severability clause that could allow some sections to take effect while others are being litigated.
16.
The true measure of his confidence, however, came out in his response to an effort to attach a non-severability clause to his bill, meaning the entire thing would be invalidated if any part of it were declared unconstitutional.
17.
If there are uncertain or incomplete clauses in the contract, and all options in resolving its true meaning have failed, it may be possible to sever and void just those affected clauses if the contract includes a severability clause.
18.
In Brockett itself, the state statute contained a severability clause announcing that the remainder of the act would continue in effect should " any provision of this act or its application to any person or circumstance " be held invalid.
19.
The Court rebutted Congress's assertions as follows : ( 1 ) ?244 ( c ) ( 2 ) of the Immigration and Nationality Act is severable from the rest of the act pursuant to the express severability clause ?406.
20.
The Supreme Court has repeatedly held that even without a severability clause, the presumption is that Congress intends for each provision of a bill to be evaluated on its own merits and severed from the bill if it is found to be unconstitutional.
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