Moreover, the use can be allowed to skid and shut down, since this contract ends and expires at the end of the commercial operation of the facility. Depending on the size of the termination you prefer, the end and expiration lead to either inconsistencies or redundancy. A contractual commitment can be honoured either under the contract (for example. B by the implementation of the agreement or after the arrival of a particular event such as the expiry of a fixed term) or against the contract (for example. B, termination for breach or resignation for misrepresentation). The survival of the basic 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. However, if you are referring to all means of terminating a contract, you must be careful about how you refer to the termination provisions. Steven Sholk, leads` tireless source, told me of another point of view about a dispute over resignation against the course. This is a topic I have written about in a few blog posts. But why not use it in the provision in question, instead of ending it? Indeed, not only would it be useless to do so, but you too would resign yourself to having to use heavier constructions elsewhere in the contract, for example. B if this contract expires or is terminated [or otherwise terminates] and not only if the contract expires.
(Note that the use of the agreement instead If this agreement is terminated, it would indicate that the stated consequences would only apply if the parties terminate the contract instead of cancelling it.) 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”). Survival clauses may also be related to the duration of survival commitments related to the occurrence of an event (“… “until confidential information is made public”) or a specified period (“… 5 years after the end of life”). The survival clause should include two things: (1) the provisions that will survive and (2) the duration of survival, the life of the provisions after the end of the agreement. It is interesting to note that the definition of termination in Black contains a link to Corpus Juris Secundum Contracts. 422, which specifies that “cessation” generally refers to termination, usually before the end of the expected term of the contract.
But the only case she quotes herself for this sentence cites the sixth issue of Blackes – the current number is the eight – as the assertion that termination in general “refers to an end, usually before the end of the expected duration of … contract. It is reasonable to conclude that Black`s editorial board subsequently removed this limitation from the importance of termination because it decided that it was not justified.Back to Blog