Thanks, Tricia, Dominique and Maury.
A follow up to my previous question. Let us remove all, ALL the variables. The agreement only has one clause (Clause 1), and this clause refers to Exhibit 1. This is a hypothetical example, with analogical elements>
Clause 1.- As per EXHIBIT 1, the monthly payment will be not less than $1000, upon receipt of the performance records.
EXHIIT 1.- The monthly payment will NEVER (never, ever, ever) be less than 1000, and will be payable before the 5th of the following month.
Notice the express reference to EXHIBIT 1 from CLAUSE 1. Notice the 'receipt of the performance records' condition indicated in Clause 1. Notice the abscence of same in EXHIBIT 1. Further, notice the absolute assertion that the monthly payment will NEVER be less than $1000. (i.e. it is not conditioned by anything)
So let us pressume for this question that these are all the terms of the agreement. What rules?
1 Answer from Attorneys
It sounds like a poorly designed agreement at a=the very least. Regardless, to analyze the language, whether it is enforceable and what it may mean, would require a review of the full contract in context. The limited text provided does not form the basis for an enforceable contract without more. Accordingly, it is insufficient to even understand what the contract relates to and whether or not there is a bargained for exchange.
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