Termination of consultancy agreement
Querist :
Anonymous
(Querist) 22 December 2020
This query is : Resolved
I have consultancy agreement for three months, executed on 29 Oct 2020.I am not able to perform the duties due to personal problems. Let me know how to terminate the agreement?
Isaac Gabriel
(Expert) 22 December 2020
If the conditios so prescribes, you ca. Butnyou have stated full facts.
Advocate Bhartesh goyal
(Expert) 22 December 2020
Without going through the terms and conditions of agreement it is not possible to express opinion.
P. Venu
(Expert) 22 December 2020
Yes, you have not posted the complete facts.
Rajendra K Goyal
(Expert) 22 December 2020
Refer the terms of Agreement regarding termination conditions and proceed accordingly.
Querist :
Anonymous
(Querist) 22 December 2020
Summary of the agreement
Commencement: The agreement remain in effect for 3 months from 28th oct 2020 or the earlier termination of the agreement as provided in Aricle 2 (b) ("The consultancy period")
Termination: The agreement may be terminated by the consultant by giving 30 days written notice. company can terminate by giving 10 days notice.
Effect of termination:Upon the effective date of termination, all legal obligations,rights and duties arising out this agreement shall terminate except for such legal obligations,rights and duties as shall have accrued priod to the effective date of termination and except as otherwise provided in the agreement.
Force Majeure: Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurence or contingency beyond its reasonable control,including but not limited to ,acts of God,strikes, earthquakes etc. The obligations and rights of the party so excused shall be extended on a day-to day basis for the time period equal to the period of such excusable interruption. when such events have abated, the parties respective obligations hereunder shall resume.
Injuncive relief:Consultant acknowledges that a violation of article 5 or 6 would cause immediate and irreparable harm to the company for which money damages would be inadequate.
Survival of provisions: The following provisions of the agreement shall survive the termination of the agreement: Articles 2 (c),3,4,5,6(b),7,8 and 9 and all other provisions of this agreement that by their nature extend beyond the termination of this agreement.
I do understand the survival of the agreement of the termination.
If i terminate now what will survive?
Thanks
Dr J C Vashista
(Expert) 24 December 2020
Seek professional service of a local prudent lawyer for commercial queries.
Isaac Gabriel
(Expert) 24 December 2020
The survival provisions to be got clarified, preferably through an advocate before deciding.
P. Venu
(Expert) 24 December 2020
To my understanding, termination of consultancy would render you liable to pay damages.
Querist :
Anonymous
(Querist) 24 December 2020
The consultancy period is 3 months ( almost 2 months got over). if I work another month , will I be liable to any incomplete work? . Because the work specified in statement of work can not be completed in 3 months during which the agreement is effective ( I did mistake while signing online agreemen without thinking the complexity of work).
Now the company planning to exploit another 3 or 4 months without pay keeping in mind the survival clause.
From the terms and conditions stated in previous message, will agreement survive after 3 months? I can complete part of the work during 3 months. The remaining part needs at least another 2 months.
Kindly let me know whether I will have legal obligations after agreement perod?
Rajendra K Goyal
(Expert) 24 December 2020
For proper advice full agreement has to be referred. You have not mentioned the referred clauses, to enable to form an opinion. discuss with local lawyer in detail.
Rajendra K Goyal
(Expert) 24 December 2020
Meanwhile serve termination of agreement notice, mentioning that in hand project may not be completed till end of agreement term hence need to be arranged by the company accordingly.
P. Venu
(Expert) 24 December 2020
On-line agreement! What exactly is the consultation agreed upon? Are you a professional?
Which is the company involved? Is it Surat based?
