Can terms in a contract that extend into the future still apply when the contract itself has expired?
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Can terms in a contract that extend into the future still apply when the contract itself has expired?
I have an employment agreement written contract that was effective for a year and expires 13 months ago. The term on the contract is explicitly stated as 1 year. I understand the following quoted line to imply that the contract terminates at the conclusion of that term,
Asked on December 6, 2016 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, certain terms in a contract can "survive" the expiration or termination of the rest of the contract: there is nothing illegal or unenforceable about that, since the parties to a contract may agree to be bound in certain ways into the future, or even in perpetuity.
Section 3 merely defines the sections that are in effect in the future: the fact that section 3 is not itself stated to extend into the future does not make it's listing of sections that do extend invalid or those provisions unenforceable. The sections listed in section 3, as well as sections 5, 10 and 13 (if they are separate or in addition to the sections listed in 3) will survive the expiration of the rest of the contract and be enforceable for their applicable stated terms.
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