| Commentary

24.1 Clauses surviving termination

| Commentary

24: SURVIVAL OF TERMS

(For survival of terms clauses see Form 24.1 [1441] onwards.)

24.1 Clauses surviving termination

In many agreements, particularly those involving long-term or continuing obligations (for example, in a joint venture), it is common to state that certain provisions will survive termination of the agreement as a whole. An obvious example is a confidentiality clause, which the parties may wish to have continue for a limited period after termination of the contract (for example, five years) or indefinitely. Other common examples include indemnity provisions and ‘non-compete’ clauses. It is common to list the clauses which are

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