What is it?
Clause type in contract law that governs the survival and enforceability of specific obligations.
Quick answer
FULL FORCE usually means a provision stays effective for its entire term. In contracts, it matters because obligations may survive termination, creating ongoing risk. Before signing, check which duties the clause keeps alive.
Definitions
Legal Definition
A clause stating that a provision remains effective and enforceable for its entire intended duration. It creates an ongoing right or duty that cannot be terminated early without mutual consent. Practitioners watch for carve‑outs that limit the clause’s reach.
Plain-English Translation
Imagine a hall pass that stays valid until the bell rings; you can’t lose it early unless the teacher takes it away.
Contract relevance
If the clause is omitted or misapplied, a party may lose the right to enforce a key promise, exposing the drafting party to breach liability.
Document context
| Document type | Section | Why it matters |
|---|---|---|
| Loan agreement | Security provisions | Determines if lien survives repayment |
| Commercial lease | Rent obligations | Keeps rent payable after lease ends for damages |
| ISDA Master Agreement | Default provisions | Ensures netting continues post‑termination |
Contract language
| Contract wording | Plain-English meaning | What to check |
|---|---|---|
| "All covenants shall remain in full force and effect" | The covenants never expire unless parties agree | Verify any listed exceptions |
| "This Section survives termination" | The section continues after contract ends | Confirm which sections are listed |
Red flags
Wording examples
Vague wording
"full force"
Clearer wording
"remains enforceable until December 31, 2028"
Vague wording
"survives termination"
Clearer wording
"continues for two years after contract ends"
Note: “clearer” means easier to read — not legally reviewed or guaranteed safe.
Pre-signature checklist
Identify every clause that references full force
Confirm the exact expiration date or event
Look for carve‑outs that limit the clause
Check if state law imposes a maximum survival period
Ensure notice provisions align with the clause
Verify that all parties understand ongoing duties
Party impact
| Party | What this party should check |
|---|---|
| Lender | Must confirm security interest survives default |
| Tenant | Should know rent obligations persist after vacating |
| Guarantor | Needs to understand liability continues post‑payment |
Comparison
| Related term | Plain meaning | Main difference from full force |
|---|---|---|
| Survival clause | Keeps specific provisions alive after termination | Full force applies to all or broader set of obligations |
| Continuation provision | Extends a single duty beyond term | Narrower than full force which may cover many duties |
| Termination for convenience | Allows ending contract early | Contrasts with full force which prevents early end of obligations |
Missing or vague
If the agreement lacks a clear full‑force clause, parties may argue that all duties ended with termination. Disputes arise over who must continue paying rent or maintaining security. Courts often interpret silence as the obligations ending, leaving the drafting party exposed to breach claims.
Document map
| Contract section | What to inspect |
|---|---|
| Definitions | Look for definition of "full force" or "survival" |
| Term and Termination | Verify how termination interacts with the clause |
| Obligations | Check which duties are listed as surviving |
| Miscellaneous | Ensure no contradictory language elsewhere |
Visual model
Landlord includes a full‑force rent‑payment clause, so the tenant must pay rent even after lease termination for damages.
Borrower signs a loan agreement with a full‑force covenant, meaning the guarantor remains liable after the loan is paid off for any pre‑payment defaults.
Document context
Clause type in contract law that governs the survival and enforceability of specific obligations.
If the clause is omitted or misapplied, a party may lose the right to enforce a key promise, exposing the drafting party to breach liability.
When a contract reaches its expiration date or a termination event occurs, the full‑force clause determines which provisions survive.
Standard in UCC § 2‑207 amendment clauses, ISDA Master Agreements, and many commercial lease contracts.
Lender gains continued security interest; Tenant retains liability for rent through the lease term; Franchisor preserves royalty collection rights.
First, the parties insert a full‑force provision in the agreement. Then, upon a termination trigger, the contract references that clause to identify surviving duties. Within the notice period, each side must honor those ongoing obligations.
Wikipedia
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Source & disclosure
This page is an AI-assisted plain-English explanation based on LexPredict Legal Dictionary context and contract-review patterns. It is not legal advice. Meaning may vary by jurisdiction, industry, and exact clause wording.
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