MONAH’S CONTRACT BOILERPLATE!!

Survival of a clause after contract termination/expiry

Example:

8.1 Environmental Rectification

As soon as practicable following the decommissioning and removal of the Plant and
related equipment from the Site, the Provider shall remove all contaminants deposited or
discharged on or in the vicinity of the Site by the Provider and shall rectify any
environmental damage on or in the vicinity of the Site caused by the Provider at its own
cost and to the reasonable satisfaction of KenGen. The Site shall be left in a condition,
which is no worse than it was at the date of this Agreement, with all the Provider's
property and temporary works removed. Site handing over Report is to be made available
by KenGen during handover of site to Provider and at the end of the contract when
Provider will hand over the site to KenGen.

8.2 Survival

The provisions of this Clause 8 shall survive the termination or expiry of this Agreement.

14.5 Survival of Rights

The expiry or termination of this Agreement shall not affect any rights or obligations,
which may have accrued prior to such expiry or termination and shall not affect
obligations of each of the Parties under this Agreement, which are expressed to continue
after such expiry or termination.

CLAUSE 16 CONFIDENTIALITY

16.1 Confidential Information

Each Party agrees that it shall, and shall ensure that its consultants, contractors,
employees, officers and directors shall, hold in confidence this Agreement and all
information, documentation, data and know-how disclosed to a Party and designated in
writing as 'confidential' both before and after the date of this Agreement (for the purposes
of this 15.5, "confidential information"), and shall not disclose to any third party or use
any confidential information other than in connection with the performance of its
 obligations under this Agreement without the other Party's prior written approval,
provided that:

(a) this Clause shall not apply to confidential information which is in the public domain
other than by reason of a breach of this Clause 16.1, or was already in the rightful
possession of the recipient Party, or was obtained by the recipient Party in good faith
from a third party entitled to disclose it; and

(b) a Party may disclose confidential information in accordance with any Legal
Requirement to do so and to any Expert and arbitrator.
16.2 Survival

The provisions of this Clause 16 shall survive the termination or expiry of this
Agreement.