Contract Termination Vs Buyout
Location: Kentucky, USA
Contract signed in Kentucky. Company is wanting to terminate my contract and not pay me out the full amount agreed upon. There is a section in the contract about termination but I’m not sure I understand it fully. Can someone help me? Can they terminate the contract without buying it out?
- Termination.
(a) Termination without Cause. The Club may terminate this Agreement for any
reason or no reason by giving thirty (30) days’ written notice to Independent Contractor. Independent
Contractor may terminate this Agreement for any reason or no reason by giving thirty (30) days’ written
notice to the Club at either of the following times: (i) within thirty (30) days after the completion of the
fall season; or (ii) within thirty (30) days after the completion of the spring season.
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Docusign Envelope ID: 54E6A0EE-07D6-4FCE-A0D6-D28919609FCC
(b) Termination for Cause. The Club, in its sole discretion, may immediately
terminate this Agreement without notice if it determines that immediate termination is necessary for the
protection of the Players or to protect and preserve the best interests of the Club.
(c) contrary set forth in Section 3:
Compensation in the Event of Termination. Notwithstanding anything to the
(i) if this Agreement is terminated for any reason pursuant to this Section 6,
Independent Contractor shall only be entitled to Compensation already paid pursuant to the applicable
schedule set forth in Section 3 plus the product of (A) the amount of the next installment of
Compensation due to be paid under such payment schedule, multiplied by (B) the quotient of (x) the
number of days in such next installment period which elapsed prior to the date of termination divided by
(y) the total number of days in such next installment period; and
(ii) if the Club has terminated this Agreement during the fall season or spring
season pursuant to Section 6(b) or Independent Contractor has attempted to terminate this Agreement
during the fall season or spring season for any reason, Independent Contractor shall pay the Club a sum of
the lesser of (A) $50.00 per week remaining in the applicable season, (B) $250.00 or (C) the total amount
of Compensation earned under the Agreement, which applicable sum Independent Contractor agrees is a
reasonable amount to compensate the Club for damages caused by the in-season early termination since
such damages may not be easily calculated or ascertained. All amounts due from Independent Contractor
to the Club under this clause (ii) may be set off against and withheld from any final payment due to
Independent Contractor or, if not fully satisfied by such set-off, shall be paid by Independent Contractor
to the Club within thirty (30) days of the date of termination. In the event Independent Contractor must
execute a document or authorization beyond this Agreement to withhold final payment, Independent
Contractor agrees to do so and to cooperate with the Club as requested.
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