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I have a cleaning company and one of the properties that we…

Second opinion] Hello. I...

Second opinion] Hello. I have a cleaning company and one of the properties that we work on recently changed management. They were initially planning on bringing on another company but we has someone advocate for us and convince the new property manager to keep us on. We drafted our usual contract and sent it to them. They replied with a handwritten addition on the DURATION OF CONTRACT section of the terms she added: "This contract shall be freely assignable, at owners option, to owners nominee." Is this something that we should worry about? We have a term of one year of service for the contract with a termination clause that states that given lack of correction for non performance they have the right to terminate the contract. Is the addition to the contract that they want any different to the termination clause. If so, is it something that we should be concerned about? Thank you for your help.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

This is not about a termination

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is about a contract.After speaking with someone else in this site we decided to counter with the following: "The property owner may freely assign the contract to the extent it does not impair the rights or extend the obligations of JFS, Upon 30 day notice to JFS." We wanted to have a second opinion on the matter. Do you think that this is the correct course of action?

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Answered in 22 hours by:
3/27/2018
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2,400
Experience: Practicing Attorney with 10 years experience
Verified

I would be concerned about that language unless you add further protection that says that if the Owner assigns their rights and obligations under this Agreement to a 3rd party, then owner shall still be liable for any third party's breach of the Agreement.

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Customer reply replied 30 days ago
Is that how you would write it in the contract? Could you help me understand how exactly i could state that?
Customer reply replied 30 days ago
I can attach the contract if that would help

you can copy the language i proposed.

Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2,400
Experience: Practicing Attorney with 10 years experience
Verified
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