Section 59.1-506.16 - Termination; survival of obligations(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.Amended by Acts 2000, § cc. 101, 996.