(a) Except as otherwise provided in subsection (b), on termination all obligations that are still executory on both sides are discharged.\n(b) The following survive termination:\n(1) a right based on previous breach or performance of the contract;\n(2) an obligation of confidentiality, nondisclosure, or noncompetition to the extent enforceable under other law;\n(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;\n(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;\n(5) a choice of law or forum;\n(6) an obligation to arbitrate or otherwise resolve disputes by alternative dispute resolution procedures;\n(7) a term limiting the time for commencing an action or for giving notice;\n(8) an indemnity term or a right related to a claim of a type described in § 59.1-508.5 (d) (1);\n(9) a limitation of remedy or modification or disclaimer of warranty;\n(10) an obligation to provide an accounting ity term or a right related to a claim of a type described in § 59.1-508.5 (d) (1);\n(9) a limitation of remedy or modification or disclaimer of warranty;\n(10) an obligation to provide an accounting and make any payment due under the accounting; and\n(11) any term that the agreement provides will survive.\n2000, cc. 101, 996.
Virginia Legal Code