surviving clause
Definition
A surviving clause is a provision in a contract that stays in force even after the contract itself ends or the parties complete their obligations. Think of it as certain rules that refuse to die when the agreement wraps up, because both sides agreed those particular terms need to live on permanently.
Example
If you sign a contract with a vendor that includes a confidentiality agreement, a surviving clause ensures that vendor still cannot share your trade secrets years after your business relationship ends.
Watch Out
Always read your contracts carefully to identify which clauses survive termination, because you could unknowingly be bound to obligations long after you think the deal is done.
See which terms appear in your contract?
This definition is for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney for legal guidance.