Legal Question in Entertainment Law in Texas

What can I ask for as a service that would nullify the contract that states the following :

. Due to the difficulty in pinpointing the amount of services to which Client may be entitled, it is agreed that the Company shall not be deemed to be in default hereunder until and unless Client shall first deliver to Company a written notice by registered mail to Company last known address describing the exact service which Client requires and then only in the event that Company shall thereafter fail for a period of thirty (30) consecutive days to commence the carrying out of the particular service required. In the event of such default of non-performance by the, or in the event of any other type of breach, or if any other dispute or differences between Client and Company in connection with this Agreement arise, they shall be submitted to arbitration in the State of Texas in accordance with the laws of the State of Texas and the rules and regulations of the American Arbitration Association. In the event of arbitration or litigation the prevailing party shall be entitled to recover any and all reasonable attorney's fees and other costs incurred in the enforcement of the terms of this agreement.


Asked on 2/11/10, 9:35 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

This is a nonsense question. Asking for a service will not "nullify" the contract. Making an unreasonable request may make you liable under the contract rather than nullifying the contract.

Asking reasonably for a service that is required by other provisions of the contract and being unreasonably refused that service may perhaps be grounds to submit the resultant dispute to arbitration and/or litigation. It depends on the facts.

That cannot be determined from just the paragraph you quote without your even stating what the subject matter of the Agreement is, since it will depend on other provisions of the contract and the facts involved.

If you are intent on nullifying the contract, see a contract lawyer in Texas and let the lawyer (for a fee) try to find a way out of the contract. This is crazy to be asking how to nullify a contract without even mentioning what the contract is about.

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Answered on 2/17/10, 1:18 am


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