At his Startup Toolbox blog, Jay Parkhill wants input about this:
I have recently come across a number of contracts with extensive survival provisions. For the non lawyer-wonks out there, a survival clause says that when the contract is terminated certain provisions will continue to govern the parties’ behavior toward one another.
There is a part of me that hates the concept of these provisions – they turn the whole deal into a kind of roach motel that the parties can enter, but can’t fully leave for a long time.
The other part of me understands that survival clauses have value, but wants to find the right logic for using them.