What is a survival clause?

A survival clause says that certain contract terms continue after the contract ends. The contract may end by termination or expiration, but listed obligations may still remain in effect.

This guide is general information only, not legal advice. It can help you locate what may continue after a contract ends.

Where survival clauses appear

Survival language often appears near the end of a contract, but it may also appear inside confidentiality, payment, ownership, liability, indemnity, or dispute sections. Search for "survive," "survival," "termination," "expiration," and "remain in effect."

Terms that often survive

• Confidentiality
• Payment obligations
• Ownership and licenses
• Indemnity
• Limitation of liability
• Governing law, venue, arbitration, and dispute terms
• Return or destruction of materials

Why it may matter

A survival clause can mean the contract still affects the parties after the working relationship ends. For example, confidentiality may continue, unpaid amounts may remain due, or dispute procedures may still apply.

Questions to ask before signing

• Which sections survive termination or expiration
• Whether the survival period is stated
• Whether confidentiality, payment, ownership, or liability terms continue
• Whether the survival clause points to section numbers that need to be matched elsewhere