1. (a) Except as otherwise provided in subsection (b) of this section, on termination all obligations that are still executory on both sides are discharged.

2. (b) The following survive termination:

   1. (1) A right based on previous breach or performance of the contract;
   2. (2) An obligation of confidentiality, nondisclosure, or noncompetition to the extent enforceable under other law;
   3. (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. (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. (5) A choice of law or forum;
   6. (6) An obligation to arbitrate or otherwise resolve disputes by alternative dispute resolution procedures;
   7. (7) A term limiting the time for commencing an action or for giving notice;
   8. (8) An indemnity term or a right related to a claim of a type described in § 22-805(d)(1) of this title;
   9. (9) A limitation of remedy or modification or disclaimer of warranty;
   10. (10) An obligation to provide an accounting and make any payment due under the accounting; and
   11. (11) Any term that the agreement provides will survive.

Added by Acts 2000, c. 11, § 1, eff. Oct. 1, 2000. Amended by Acts 2000, c. 61, § 6, eff. April 25, 2000.