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The phrase “shall survive termination of this agreement” is commonly found in legal contracts, and it can have important implications for both parties involved. Essentially, this phrase means that certain provisions of the agreement will remain in effect even after the contract has been terminated or expired.

But what exactly does this mean in practice? Let`s take a closer look at some of the key considerations when it comes to understanding the significance of this clause.

First and foremost, it`s important to understand that the specific provisions that will survive termination of the agreement can vary depending on the context of the contract. For example, in a lease agreement, provisions related to security deposits or damage to the property may be included in this clause. In a business partnership agreement, provisions related to non-compete agreements or confidentiality may be included.

One common provision that often falls under the “shall survive” clause is indemnification. This means that if one party incurs legal expenses or damages as a result of the other`s actions or negligence, the responsible party will still be required to cover those costs even after the contract has ended.

Another provision that may be included in the “shall survive” clause is intellectual property rights. This means that if one party has licensed or otherwise granted the other party access to certain intellectual property (such as trademarks or copyrighted materials), the terms of that license or grant may continue even after the contract has ended.

It`s also worth noting that the “shall survive” clause can have implications for the timing and manner in which notices of termination are given. For example, if one party wishes to terminate the agreement but wants to ensure that certain provisions continue to apply, they may need to provide specific notice language that clarifies which provisions are intended to survive.

Overall, the inclusion of the “shall survive termination” clause in a contract is an important consideration for both parties. It`s essential to carefully review the specific provisions that fall under this clause and to understand the implications of those provisions continuing even after the contract has ended. By doing so, both parties can ensure that their rights and obligations are clearly defined and protected.