This Article Shall Survive The Termination Of This Agreement
It is not inherently abusive, but it can certainly be abused. What is considered abusive often varies from jurisdiction to jurisdiction (not just on this issue, but on legal issues in general). In this section, we will examine the survival clause and how long it will last beyond the termination of the contract. Survival clauses may provide for a general survival of the provisions (z.B. “any provision… which imposes an obligation after the cessation of the activity… “), or specifies specific provisions based on the title (“Confidentiality”) or the section number (“Obligations in Articles 10 and 13 of this 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); and the survival of key clauses. The obligations of the parties under the [CONFIDENTIALITY OBLIGATIONS] sections, [NON-COMPETITION OBLIGATION] and [EFFECT OF TERMINATION] will survive the expiry or end of the contract/conclusion. Whether it is a separate survival clause or the inclusion of viability in the provisions themselves is a preference for the parties to want 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. In some cases, businesses and individuals have an economically justified objective of extending contractual obligations after termination. There are many legal limits that are based on the provisions of the provision and their nature, all governed by the law of the contracts of jurisdiction under which the treaty was drafted and/or applies under the treaty (this is generally obvious, with the exception of some cross-border contracts which, in general, have an explanation to which the laws apply). For the purposes of the NDA, this is important because your survival clause in case of misreprescing is totally unnecessary or has completely unintended consequences that result in exactly the kind of legal struggle you are trying to avoid. A contractual survival clause may also refer directly to a particular section of the contract or a paragraph to indicate that only that specific element of the contract will survive the past termination. If you declare that certain rights will survive within 3 years of the expiry of the contract, does that mean that you must declare your rights to the other party within 3 years or take legal action within 3 years? The rights and obligations of the parties covered in this section 17.5 and Section 1, Section 14, Section 15.1, Section 15.3, Section 15.4, Section 16, Section 18, Section 19, Section 21 and Section 22, as well as all rights or obligations of the parties to this agreement which, because of its explicit terms or nature and context, are intended for the expiry of the agreement. (By the way, if you`re wondering about termination to expire, see this 2012 article.) For example, an employment contract could include a confidentiality clause that does not allow the employee to disclose confidential information to third parties.