The appellant argued that the motion judge should have found that the arbitration clause did not
survive termination of the Services Agreement, and therefore should not have stayed the court proceedings.
The Court of Appeal disagreed stating that, because it was arguable whether the arbitration clause
survived termination of the Services Agreement, it was preferable to leave the issue of jurisdiction to the arbitrator pursuant to the «competence - competence» principle.
Not exact matches
Any provision
of this Terms
of Service which, by its nature, would
survive termination or expiration
of this Terms
of Service will
survive any such
termination or expiration
of this Terms
of Service.
The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any
termination of this Agreement.
The terms
of Sections 4, 7 and 14 - 21 will
survive termination of this Agreement or
termination of your use
of the
Service.
This agreement may only be amended upon notice by tcc to you, or by a writing signed by you and an authorized official
of tcc unless otherwise explicitly stated, the terms will
survive termination of your membership to the
service.
This Section 18 shall
survive termination of these Terms or any subscription that you may have to any
of the
Services.
Sections 6 and 12 - 19
of these Terms will
survive any
termination of your access to the
Services, whether we terminate your access or you voluntarily discontinue your use.
The following provisions
of this Agreement shall
survive termination of your use or access to the Site: Disclaimer
of Warranties, Limitation
of Liability, Submissions Through the Website, Specific Consents, Granted by Your Enrollment, Trademarks, Governing Law and Dispute Resolution, Waiver, Indemnification, General Provisions, and any other provision that by its terms
survives termination of your use or access to the Site, the Content, and / or the
Services.
Your obligations under these Terms
of Use, which by their nature are intended to
survive termination (such as indemnification) shall
survive the
termination of your access to the Sites or the
Services.
Your obligations under these Terms, which by their nature are intended to
survive termination (such as indemnification) shall
survive the
termination of your access to the Sites or the
Services.
The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any
termination of this Agreement.
The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the
Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney - Client Relationship), and 7 (Miscellaneous) shall
survive any
termination of this Agreement, in whole or in part.