Commentary

24.2 Drafting points—survival of termination clause

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

24.2 Drafting points—survival of termination clause

| Commentary

24.2 Drafting points—survival of termination clause

Some issues to be considered when drafting a survival of termination clause include:

  1. (a)

        Which specific clauses are to survive termination?

  2. (b)

        How long are particular clauses to survive following termination?

  3. (c)

        How will any materials, goods or documents produced under, or provided for use during, an agreement be dealt with? For example, a trade mark owner may licence the trade mark to a licensee to be put on certain goods. If the license is terminated, there may be some unsold stock. The agreement may provide that the licensee can sell the unsold stock

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