Legal Question in Business Law in Texas
survival of contractual obligations
what is the basis for contractual obligations surviving expiration? does indemnification survive without a specific survival provision?
Asked on 8/10/04, 5:33 pm
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: survival of contractual obligations
If it's the sort of obligation that would be expected to be past the contract period. An obligation to pay, for example.
Indemnity provisions tied to contractual actions usually survive without a specific survival provision, so long as the action complained of took place within the contractual term. Note that this does not necessarily waive a limitations defense.
Answered on 8/10/04, 6:55 pm
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