Contract between two business parties

Business Contracts 8 views 5 answers
In terms of terminating a contract do different guidelines applied to two parties in terms of notice period e.g party A may terminate Agreement with 15 days written notice where as party B agrees to only provide 5-business day notice of intent of termination ?, Please correct me of i am wrong. Equal rights applies to both the parties

Attorney Answers

5
Richard Price ·
Without knowing the big picture of your situation, the written agreement controls the terms of termination. It can be unequal between the parties.
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Kevin Sullivan ·
contracts can be unequal among the parties to a contract. Is this a commercial lease dispute involving a buyout of an existing lease? The only way to determine whether a contractual provision is enforceable is for an attorney to review it. Is there a pending lawsuit or other sense of urgency in the matter.
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Michael Tsunetaka MichinoLitigation LawyerTorrance, CA ·
Technically, you have equal rights in the contract's negotiation stage when the terms are being determined. Realistically, the side with more bargaining power is likely to get the more favorable terms. The party with less bargaining power will often choose to agree to less favorable terms in order to secure business. This is the kind of business judgement each contracting party must make. Once you agree to and sign an agreement, it's difficult to argue that the other side got more favorable terms. You, or more preferably your attorney, had a duty to read and understand the terms before signing the contract, thereby symbolizing your agreement. Good luck.
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Nina Montoya ·
Contracts can indeed be lopsided as to each of the parties' rights and benefits. And where an Agreement is clear the obligation is governed by “the words of the contract...understood in their ordinary and popular sense.” [C.C.P. §1634, 1644]. The notice requirements are defined by the Agreement - even if it's different for each party. Without more facts, its not possible to give you a complete answer as to how this practically plays out for you.
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cott Lamont LevittReal Estate AttorneySeal Beach, CA ·
it is 100% controlled by the terms within the contract of termination, etc. You should consult a business attorney for drafting a mutual termination agreement and standard indemnity language. Good luck.
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