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What if any provisions should ‘survive’ termination?

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.

Tell him what you think.

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