(b) The head of an executive agency, except NASA, may enter into a contract, exercise an option, or place an order under a contract for
severable services for a period that begins in one fiscal year and ends in the next fiscal year if the period of the contract awarded, option exercised, or order placed does not exceed one year (10 U.S.C.
Chief Justice Jorge Labarga wrote a separate opinion concurring in result, to "highlight that my agreement is based upon a determination that the provision we identified as problematic in Perry is
severable from the remainder of the Act.
Where defendant companies were awarded summary judgment on a claim by plaintiff delivery drivers that they were misclassified as independent contractors, the judgment must be vacated because, although 'prong two' of the Massachusetts independent contractor statute is preempted by the Federal Aviation Administration Authorization Act, the remainder of the statute is
severable and applicable to the plaintiffs.
Finally, Section IV will present and critically engage with the scholarly reforms that have been advanced to solve the issue before attempting to show why, on the one hand, arbitration clauses should be treated as
severable executory contracts for purposes of [section] 365 of the Bankruptcy Code while, on the other hand, bankruptcy judges should be placed on the same constitutional footing as their Article III peers.
(169) In those cases, the Court stated that the remainder of a partially unconstitutional law must be struck down unless the constitutional provisions are "
severable" from the unconstitutional ones (170)--or, in other words, unless they are "unaffected" by the excision and can "stand alone" as law.
While it's possible for these two types of thinking to operate concurrently, they are inherently
severable and distinct.
Title 10, United States Code, section 2410a (2410a) provides commanders with a great deal of flexibility with regard to funding
severable service contracts that cross fiscal years.
"The language of the FSIA arbitration exception makes clear that the agreement to arbitrate is
severable from the underlying contract.
Nevertheless, because removal to federal court is not guaranteed, it is important to carefully craft the agreement so PAGA claims are
severable from remaining claims.
(This was stated as the reason for the request of a private letter ruling.) Under Treasury Regulations section 25.2518-3(a), each interest in property that is separately created by the transferor is treated as a separate interest; under section 25.25183(a)(ii), a disclaimant is treated as making a qualified disclaimer of a separate interest in property if the disclaimer relates to
severable property and the disclaimant makes a disclaimer that would be a qualified disclaimer if such property were the only property in which the disclaimant had an interest.
where a licensee grants access to the licensor the licensee's own improvements to the patentee's licensed technology, whether it is
severable or non-severable from the original invention.
"At this juncture, this Court declines to make a determination about whether the TSA is invalid in its entirety or whether the terms that conflict with the Ordinance are
severable from the TSA.
courts have previously asserted, including
severable rights to prevent
Because mineral rights are usually
severable from the fee title on land, individuals who own land with shale gas deposits should consult tax and estate planning practitioners for the best way to leave these income streams to children, grandchildren, and later generations, including the best ways to minimize federal and state taxes.
And just as a confidentiality agreement is usually
severable from a commercial agreement, although still incorporated by reference, so too should a quality agreement be
severable from any other contractual agreements.
