Whether a restraint clause survives termination for breach or repudiation by the party seeking to enforce it depends on the proper construction of the contract and the contractual intention of the parties, not on any rule of law. Where a sale agreement and service agreement are inextricably intertwined, the court may have regard to the overall circumstances under both agreements in assessing the reasonableness of a restraint clause. A breach of an obligation to pay interest, where the amount of the principal sum is itself in dispute, does not necessarily amount to repudiation or entitle the innocent party to terminate.
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