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Unreasonable clause in a contract
by jamieford at 11:50 01/07/20 (Ask-Legal-Accounting)
Unreasonable clause in a contract
Hi,

An agent has has added the following clause to a contract that I feel is unreasonable and refused to remove it as it puts the liability on them if they do:

"If a Consultant is removed at the Clientís request, or it the Consultant leaves Supplier or ceases to perform the Assignment, then Supplier shall where required by Client provide an appropriate replacement of equal training and capability within the time period specified by Client. Supplier shall indemnify the Company and the Client against all reasonable costs, expenses, charges and liabilities which may be incurred by the Company or Client as a result of the first Consultantís voluntary departure to the extent that such departure was not as a consequence of any action or omission on the part of Client. The Assignment may be extended at the Client discretion (and at no extra cost to Client) to cover any time lost during which a Consultant was unavailable"

This means that if I serve notice before the 12m (as I am allowed to do) or the end client doesnt like me and asks me to leave, I am liable for the stated costs.

Is this something that PI would be expected to cover? I asked my insurer who unhelpfully said "Your contract was forwarded to the Underwriting team. However, as we are a non-advisory service they have confirmed they are not able to look into this for you. You would need to look through your exclusions and decide if this cover is suitable for you and meets your requirements."

I have tried reading the policy but the exclusions are all over the document and cross reference each other and seem to be excluded unless they are not?!.. I am not a lawyer!

Jamie


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