Survival

Survival

Although the practice of specifically and expressly enumerating which contract terms will survive the termination or expiration of the contract is common, it raises the risk of inadvertently leaving out a term that should reasonably survive. To avoid that untoward result, the parties may agree to including “catchall” language that ensures that provisions that should survive, and are not enumerated, do survive:

Exemplar C69-1

The obligations set forth herein that would by their nature survive the termination or expiration of this Agreement shall survive.

Exemplar C69-2

Additional provisions of this Agreement that contain obligations that continue beyond the performance of this Agreement shall survive termination of this Agreement.