(a) Except as otherwise provided in subsection (b), on termination all obligations that are still executory on both sides are discharged.
(b) The following survive termination:
(1) a right based on previous breach or performance of the contract;
(2) an obligation of confidentiality, nondisclosure, or noncompetition to the extent enforceable under other law;
(3) a contractual use term applicable to any licensed copy or information received from the other party, or copies made of it, which are not returned or returnable to the other party;
(4) an obligation to deliver, or dispose of information, materials, documentation, copies, records, or the like to the other party, an obligation to destroy copies, or a right to obtain information from an escrow agent;
(5) a choice of law or forum;
(6) an obligation to arbitrate or otherwise resolve disputes by alternative dispute resolution procedures;
(7) a term limiting the time for commencing an action or for giving notice;
(8) an indemnity term or a right related to a claim of a type described in § 59.1-508.5 (d) (1);
(9) a limitation of remedy or modification or disclaimer of warranty;
(10) an obligation to provide an accounting and make any payment due under the accounting; and
(11) any term that the agreement provides will survive.
2000, cc. 101, 996.
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