To Survive The Termination Of The Agreement

representations [ENVIRONMENTAL MATTERS REPRESENTATION], EMPLOYEE BENEFIT MATTERS REPRESENTATION] and [TAXES REPRESENTATION] that are maintained 60 days after the expiry of the current limitation period (taking into account possible toll delays and other extensions); whether a separate survival clause should be created or sustainability should be included in the provisions themselves is a preference for the parties to add an additional clause to their agreement. The inclusion of a separate survival clause is probably the most sensible in an agreement with a general survival capacity or where a number of provisions are intended for survival. If only one provision is to survive, the seability in the clause itself could be the simplistic solution. (By the way, if you`re wondering about termination to expire, see this 2012 article.) But even the survival of the provisions does not necessarily require a separate clause. Instead, the survival of a particular provision could be included in the clause itself. For example, if the parties intend the confidentiality clause to survive the agreement for two years, they could, at the end of the confidentiality clause, include: « The confidentiality obligations apply to the duration of this contract and to two years after the termination or expiry of the contract. » This could be repeated for all other provisions that the parties intend to maintain. For example, an employment contract could include a confidentiality clause that does not allow the employee to disclose confidential information to third parties. In the absence of a survival clause, the former employee would be free to disclose confidential information after the end of the employment contract. However, the employment contract could include a survival clause that « confidentiality obligations are maintained two years after the end or expiry of the contract. » In this case, the ex-employee could be held responsible for disclosing confidential information within two years of the end of the employment contract. representations [ORGANIZATION REPRESENTATION], [AUTHORIZATION REPRESENTATION] and [BROKERS REPRESENTATION] that survive on the end date for an indefinite period; and all specific agreements that are provided for in this agreement and require benefits after the completion date of the contract will last the completion date for an indeterminate period. The survival clause defines the contractual provisions that will remain in effect after the termination or expiry of the contract. Instead of using a survival clause, a simpler and more preferred approach is to specifically ensure survival in each section or clause that must survive. For example, the non-complete clause would begin: « During the period beginning on the effective date and ending five years after the termination or expiry of that agreement, the executive will not be…

The limitation of liability clauses and arbitration clauses is recognized as permanent contractual obligations after termination, as confirmed by the House of Lords in Photo Production Ltd/Securicor.