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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I have a commercial consultancy contract with a company in

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Hello,I have a commercial consultancy contract with a company in Singapore, which was for 12 months with a break clasue after 6 months if 1 of the 2 scope of works were not delivered. One of the scopes was to secure a distributor for them in Saudi Arabia and get legal approvals and the second was an Egypt project. The Egypt project was cancelled out of the scope by them earlier. As for the Saudi project i found them a distributor and got all the legal approvals, I have proof of all their commercial team approvals and approval of the contract draft, this took us to month 5 of the initial contract term, then the client did a 180' change of terms and sabotaged the deal before signature. They have indicated to me that if I do not convince the distributor fo the new terms they will stop our contract end of this month.My question is based on the contract, which I am happy to share and given I have all of the evidence to show that I ave done my work according to my responsibilities, what are my rights legally if they do proceed to officially give notice to cancel?
Customer: replied 6 months ago.
Please look at the attached contract, clause number 5 is the term clause. I had purposely specified the term of the break clause for an avoidance of doubt.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

When you say rights, you mean less than the minimum term? The Company can terminate it after 6 months?

Customer: replied 6 months ago.
based on what I have told you and you having read the wording of the break clause, if they still give notice to cancel, am I actually entitled to either:
1- Continue the contract to the end of the full term
2- Negotiate a settlement payment and if they refuse to actually claim the entire remainder of the contract value?

1. No. They have a break clause which works after 6 months. So they can terminate in accordance with 5, only if not delivered

2. If it is not terminated in accordance with this contract then you are entitled to 12 months.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 6 months ago.
if I have delivered the work in terms of secured a deal with the distributor and gotten all of their legal approvals even though they did not actually signed (wording of break clause here critical to this), does this mean that they are bound to continue the contract for the remainder?

Correct.

Does that clarify?

Customer: replied 6 months ago.
it does. I would like to ask another question, happy to pay extra. If I want to claim from them, what is the best course of action? Shall i first try to settle asking them to pay lets say 4 months out of the 6, or a lower amount for reduced scope. If all else fails, how can i claim against them?

You would need to issue proceedings. They are based abroad, so I dont know how you would do that.

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Customer: replied 6 months ago.
the contract is based on UK law though.

Yes it is. Doesn't mean it can be enforced there.