Survival Clauses

Summary

These survival clauses can be used in a commercial contract to express the parties' intentions to have specified contract rights and obligations legally operative even after the agreement terminates or expires. This template includes practical guidance and drafting notes. If parties to a contract intend that a right or obligation continue after the termination of the contract, it must be expressly stated in the contract. This template allows for the specific listing by section of each obligation that is intended to survive the termination. The wording of the clause must be clear and unambiguous. For a full listing of related contract clauses, see General Commercial Contract Clause Resource Kit. For more information on drafting survival clauses, see Merger, Survival, and Notice Clauses.