ABSTRACT
Termination of an agreement is not necessarily the end of the story. Although the agreement may have been terminated, there may still be obligations under that agreement which will continue to exist after termination. There may also be issues arising out of ending the agreement which will need to be resolved. This chapter considers what happens after the party has terminated the agreement. The main examples of the continuing obligations are likely to include obligations of confidentiality; restrictive covenants; outstanding payments; indemnities; record-keeping; stock; third-party queries; and resolving disputes. The chapter examines each of these examples. A well-drafted agreement will identify and deal with these issues – because planning at the beginning saves a lot of aggravation later. The basic rule in relation to confidentiality is that if something really is a secret, it can be covered by an express obligation of confidentiality.
