termination terms 12 months or fixed?

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brassones

Member
27 February 2021
3
0
1
What is your interpretation of this clause?
is is that at:
(a) any point during the contract the client must give 12 months notice
OR
(b) the 12 months notice can be given after the initial 12 months has been complete (ie. after year 1, its 12 months notice)

TERM OF ENGAGEMENT
2.1 The Client shall engage the Consultant and the Consultant shall provide the
Individual to provide the Services on the terms of this agreement.
2.2 The Engagement commenced on the Commencement Date and shall continue
for a period of 12 months and shall continue thereafter until the Client gives the
Consultant not less than 12 months prior written notice of termination.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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One of the more elegant sham contracts I've seen lately.

2.2 is potential problem.
For example, when is the "natural" finish date of the deal?
 

brassones

Member
27 February 2021
3
0
1
I'm providing services to a UK company from Australia. Hence the question. I'm hoping that come December 1 this year I won't be out of a job with them. Ie. It's essentially a rolling 12 months notice according to this language?
 

Tim W

Lawyer
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28 April 2014
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820
2,894
Sydney
Ideally, 2.1 would specify a start and finish date.
How else will you know the date of day 365 of the initial term?

The way it reads, you have to give them 12 months notice of ending the "original" engagement,
but they don't have to give you that same notice.
Is there a comparable clause is there dealing with notice to be given to you by them,
to sack you?