Legal Question in Business Law in Georgia

Please explain the following statement: "The arrangement outlined in this document may be terminated by either Party by giving three month�s notice in writing to the other Party. The terminating Party will be liable for all costs and obligations incurred by the terminating Party up to the effective date of termination. Any verifiable and quantifiable loss incurred by the other Party as a direct cause of the termination will be shared equally by the Parties"


Asked on 3/21/14, 10:24 am

1 Answer from Attorneys

1. Either party can terminate (end) the agreement.

2. If either party decides to end, they have to give 3 months' notice to the other party.

3. The party who wants to end the deal has to pay all costs/obligations until the effective date of the termination. In other words, the party gives notice that it is ending the agreement on a date 3 months hence. However, the party has to pay for all costs incurred up to the actual termination date.

4. Any loss to the other party caused by the termination is to be split between the parties.

Example - you and me have the above contract. I give you notice to terminate. Even though I have given you notice and pay all costs up to the termination date, you still incur other added losses because I ended the contract. In such case, you and I have to split the losses.

My answer is premised on what you wrote. I have not seen the whole contract and my advice might be altered by something else in the contract. Posting on a public forum is not a substitute for going to see a GA business law attorney and paying him/her to review the entire contract and give you specific advice.

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Answered on 3/24/14, 12:08 am


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