Terminating the Employment Relationship

This Agreement may be modified only in a written document signed by all Parties.

8. I NTERPRETATION The rules of contract interpretation generally require the contract to be interpreted against the drafter of the contract. An interpretation clause may allow an employer to avoid having contract ambiguities interpreted against it. The following is a sample interpretation clause:

This Agreement has been jointly negotiated and drafted by the Parties. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the parties.

9. S EVERABILITY If a party challenges a provision in an agreement as unenforceable, an employer may avoid having the entire agreement deemed unenforceable by including a severability clause. A severability clause severs an unenforceable provision from an otherwise valid agreement and does not allow the challenging party to escape its obligations under the agreement. For instance, if a party successfully challenged the enforceability of a confidentiality clause in an agreement that resolved a pending lawsuit, a severability clause would likely prevent the party from deeming the entire agreement unenforceable and proceeding with his/her lawsuit. The following is a sample severability clause:

Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected, and the illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement.

10. F URTHER D OCUMENTS AND A CTIONS This clause requires parties to carry out any actions necessary to effectuate the terms of an agreement. For instance, if an otherwise valid agreement fails to specifically identify the documents a plaintiff must complete to dismiss a pending lawsuit, this clause would require the plaintiff to complete the documents necessary to effectuate the dismissal. The following is a sample further documents and actions clause:

Each party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 103