We have a contract with XO Communications running another 1.5 years. We are moving and they would double our rates if we move ($880 to $1600). Can we get out of the contract? They are reputed to have a strong legal team since they employ such predatory business practices.
Country relating to Question: United States
State (if USA): Utah
Hello and thank you for asking your question. My name is XXXXX XXXXX X will be assisting you. Whether or not you can get out of the contract would depend on the specific terms of the contract and any termination clause that might be within your specific agreement. If there was a dispute over the right to terminate the agreement, a court would enforce the specific terms of the written agreement. For example, some contracts may have a move clause, allowing the party to terminate if moving a certain distance from the original location. Do you have any termination provision within your agreement? If so, what are the specific conditions allowing you to terminate the contract?
XO will charge us double $1200/mo for the new location. Does the following clause give us a chance to cancel for cause?
Hi. Thanks for posting the follow up. It sounds like the rate increase might be the way for you to migrate to another carrier. However, you would have to actually migrate to the other carrier to exercise this option. Also, I am reading the paragraph out of context to the rest of the agreement, but that is what it appears to say. You would argue that a doubling of the rate is a material change. Keep in mind also that it's not a simple free way out of the contract. You must migrate to another carrier and show proof of doing so. I think the goal here is that they get 60 days notice and have the right to renegotiate their deal with you before you leave them for another carrier.David L41099.9752399653
Corporate, Real Estate, Estate Planning, Probate and General Litigation attorney 14+ years
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