Telecom Attorney Tip – Why should you agree to a termination for convenience clause?

by Rob on May 26, 2010

Today we have another “Telecom Attorney Tip” from Ben Bronston of telecomlawyer.net. We hope to have a new tip every couple of weeks to help our agents out. If you have a specific question for Ben email me at  rob@channelupdate.com

“The answer is you shouldn’t if you don’t have to.  If you have signed an agent agreement with a carrier, the chances are you are going to invest a large amount of intellectual capital (and possibly financial capital) into the relationship.  A termination for convenience clause permits the carrier to terminate for any reason or no reason at all, thereby making your investment worthless.  If you are unsuccessful in getting the carrier to delete the clause, then it should at least be reciprocal (i.e. you should have the right to terminate for convenience also).  In any event, commissions should continue to be paid on an evergreen basis in perpetuity after termination for convenience.”

- Ben

You can see Ben’s site here – Rob

Image Credit - Judge using his gavel IXQUICK Flickr

  • Neil S. Ende

    God advice, Ben! I would add two additional thoughts. Payment agreements that extend in perpetuity are generally not enforceable, so I would suggest a long term of years tied to the continuation of payment by the end user. Moreover, if you find yourself being terminated for convenience, you should be aware that those clauses have been held unconscionable, and thus unenforceable, in some circumstances in some states. .So, you should not give up the ship without discussing the issue with experienced telecom litigation counsel.

    Neil S. Ende
    Managing Partner
    Technology Law Group
    nende@tlgdc.com

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