In these cases, a general survival clause is often sufficient. In other situations, it may be extremely relevant for you to formulate the concepts of survival so that they protect you for a set period of time or in a certain way. In reality, the survival clause is not just a boiler platform – but like the immunity chain in the show, Survivor, it makes the difference. If our employer had included a survival clause in the employment contract, and this survival clause would have clearly covered the confidentiality obligations, this “episode” might have had another purpose. This is what the “survival clauses” provide. Think about “what will remain and what will disappear” if you see one of these words, or words in your employment contract that mean the same thing. Then ask for a “better balance” between the two. But even the survival of the provisions does not necessarily require a separate clause. Instead, the survival of a particular provision could be included in the clause itself. For example, if the parties intend the confidentiality clause to survive the agreement for two years, they could, at the end of the confidentiality clause, include: “The confidentiality obligations apply to the duration of this contract and to two years after the termination or expiry of the contract.” This could be repeated for all other provisions that the parties intend to maintain. Here, I will discuss the most common methods for using a survival clause or survival conditions in your SIN. The survival of compensation obligations. The compensation obligations of the parties under the [CLAUSE to compensate] are the [TERMINATION, EXPIRATION, CLOSING DATE] of this agreement with respect to all claims made by the party compensated to the party compensated before the end of the aforementioned survival period.

The survival of representations, guarantees and alliances. The Inseis, the guarantees and alliances of the parties contained in this agreement or in a certificate they have provided under this Agreement will last the [TERMINATION, EXPIRATION, CLOSING DATE] of the agreement for the [SURVIVAL TIME PERIOD] for months. Due to the nature and content of an NOA, survival conditions are often mandatory. A simple survival clause could begin with the fact that the following paragraphs survive the expiry or termination of this contract and will remain in effect until it is implemented.

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