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Survival

Survival

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This precedent has been authored by Dr. Gordon Hughes, Principal, Davies Collison Cave Law.

Introductory note

The principal objective of a “survival” clause is to remove any doubt that certain covenants (particularly relating to the use of confidential information and any cap on a party’s liability) continue despite the termination or expiry of the agreement. Sometimes the clause is redundant in the sense that individual clauses (eg the confidentiality clause) may independently state that “This clause survives the termination or expiry of this Agreement.”, but it is convenient, if nothing else, to have all such stipulations consolidated in one clause.