Legal Question in Legal Ethics in California
Hi, I'm just wondering what the following term mean to the Consultant who is in the contract.
i.e. can the Consultant initiate the Service termination?
Thank you for the assistance!!
Termination. If either party breaches a material provision of this Agreement, the other party may terminate this Agreement upon 1 days' notice, unless the breach is cured within the notice period. Company also may terminate this Agreement at any time, with or without cause, upon 7 days' notice, but, if (and only if) such termination is without cause, Company shall upon such termination pay Consultant all unpaid amounts due for the Services completed prior to notice of such termination. Sections 2 (subject to the liminations set forth in Section 2.c) through 8 of this Agreement and any remedies for breach of this Agreement shall survive any termination or expiration. Company may communicate the obligations contained in this Agreement to any other (or potential) client or employer of Consultant.
1 Answer from Attorneys
The provision you have recited allows the consultant to terminate the agreement with 1 days' notice IF the company breaches the agreement and doesn't cure the breach within the day. There is no provision for consultant to otherwise terminate the agreement, but the company may do so on 7 days' notice. If the agreement does not specify the length of the consultant's services, one might argue that it can be terminated by either party after a reasonable time of service.
It might be best for the consultant to negotiate a termination.
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