Ansh (exec) 21 October 2014

vacation during lock in period

In a situation where there are 2 contradictory clauses what will hold good. Fyi there is no servebility clause in the contract. Period of license is 5 years. 1st clause is that of lockin period of 1 year for both licensor and licensee in which license cannot be terminated and can only be terminated after expiry of lockin by giving 3 months notice. 2nd clause says notwithstanding anything contained in the agreement licensee can terminate the license any tume by giving 3 months notice. So my question is can the licensee hide behind 2nd clause and terminate the license before the expiry of lockin period by gibing 3 months notice and without paying for the unexpired lock in period?

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ashok kumar (Social Worker) 21 October 2014

YES the licensee can hide behind 2nd clause and terminate the license before the expiry of lock in period by gibing 3 months notice and without paying for the unexpired lock in period. This is so because the clause giving this right has come after the lock in period clause and it uses the word NOTWITHSTANDING and the use of this word has nullified the LOCK-IN-PERIOD clause