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This Provision Shall Survive The Termination Of This Agreement

Does this mean that the supply will survive indefinitely? Is there a legal limit for this? Isn`t that abusive? If so, can this be legally enforced? In accordance with the principle of freedom of contract, the contracting parties may also define the clauses they wish to maintain in force after termination. What if the survival clause states that confidentiality obligations must last forever, unless the information is no longer confidential, a trade secret or privileged? This is similar to a general survival provision, in which the effective scope of the clause is left to a judge who must be interpreted in the event of a dispute. However, according to some experts, this wording is misleading, because as soon as confidential information has been exchanged, there are always cases to keep it confidential – which is the whole point of the NDA agreement.