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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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I have signed IT support agreements with three surgery centers.

Resolved Question:

I have signed IT support agreements with three surgery centers. These are all 3 Year contracts. These centers were all managed by a parent company (A), in most cases they are the minority owner. This parent company outsourced their IT needs. They have since been bought out by parent company(B) that has an IT group. Company (B) is trying to undermine/backdoor my equipment by bringing in their own equipment and hosting all of the individual centers IT needs. This is an additional cost to the centers that the respective board members must decide whether or not to implement. There is no advantage to company (B) IT solution vs the current one. My contracts do not have the legal jargon stating any early termination fees or exit terms. They simply state the work and services to be performed by me for a three year term signed by the respective center administrators. Do these contracts legally hold any weight, and what might my next move be?
Submitted: 5 years ago.
Category: Business Law
Expert:  MShore Law replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Does your contact have an exclusivity clause, such that you are to be the exclusive IT support for the centers?
Customer: replied 5 years ago.
No it does not, I also signed a business associates agreement with each surgery center. There is nothing on that contract that i can see about termination either, i can foward that to you along with the signed contract if you need to look at it.
Expert:  MShore Law replied 5 years ago.
Thank you, XXXXX XXXXX are legally enforceable, however, do the contracts state how the fees owed to you monthly would be calculated. For example, are you paid only on the work actually performed or is there a payment due regardless of work performed?
Customer: replied 5 years ago.
The description of the work to be performed indicates coverage on the network equipment and a certain amount hours per month used onsite or remote services- performed for the customer. The contract does indicate a monthly charge for a three year period.
Expert:  MShore Law replied 5 years ago.
Thank you, XXXXX XXXXX the work is not performed, are you still paid? If you would not be paid, does the contract stipulate that the work "shall be" performed or "may be" performed?
Customer: replied 5 years ago.

It indicates that 8 Hours of work will be performed, It is rare that they do not use 8 hours per month.

Expert:  MShore Law replied 5 years ago.
Thank you, XXXXX XXXXX as you express a readiness, willingness, and ability to perform the minimum 8 hours per month, they are obligated to pay you for the same, regardless of whether they actually have you do the work or not. It is treated as a retainer agreement.
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