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Linden, LLC is a business engaged in the activity of owning, maintaining, buying and selling buildings on a University campus. Wood Corporation is a business
Linden, LLC is a business engaged in the activity of owning, maintaining, buying and selling buildings on a University campus. Wood Corporation is a business engaged in the activity of handling the daily operating functions of buildings in educational institutions. Linden seeks to have Wood handle the daily operating functions of one of its buildings, Harmonie Hall. As a middle manager with Linden, LLC you are assigned the task of preparing a rough draft of a proposed contract designed to achieve the above-mentioned objectives. Using as the format for the contract the example on page 217 of the TEXT BOOK page 217 and using the above-mentioned facts and names, draft your proposed contract. In addition to the basic contract provisions contained in the TEXT BOOK example, you are to incorporate into your contract specific paragraphs which are carefully and clearly worded to cover the following additional topics: KEEP IN MIND THAT YOU ARE TO DRAFT THIS CONTRACT IN TERMS FAVORABLE TO YOUR EMPLOYER LINDEN, LLC. 1. Insert a clause in the contract as to what steps Wood must take to constitute Woods acceptance of this Contract Offer. Consider that those terms should be favorable to your employer Linden. 2. Linden and Wood agree to have Linden make an initial start up payment plus periodic payments for a trial period of time, after which the parties are to agree on permanent payment terms. Draft specific terms covering amounts of payment and times for payment, plus terms of the trial period and details as to how the final agreement thereafter is to be consummated. 3. The parties would like to have a way to resolve any disputes in this contract short of formal litigation. Draft a paragraph that will make detailed provision for this, using one of the alternative dispute resolution methods we have discussed. 4. The daily operating functions of the building include electric, water, heat, air conditioning, computers and building security and janitorial services. The parties agree that Wood will be responsible for maintenance of each of the above EXCEPT building security and janitorial services, and the parties also agree that if a significant expense is required for the maintaining of electric, water, heat, air conditioning or computers, Linden will be responsible for the significant expense. Draft a paragraph covering these issues with specifics as to what will constitute a significant expense. 5. Insert a clause in the Contract establishing a period of time after the Contract payment terms have become permanent after which the Contract will either have to be renegotiated or renewed or expire. 6. Linden wants a way to terminate the agreement early if it so desires, but is aware that Wood will want some security that the agreement will remain in place at least for the trial period. Draft a paragraph that will try to accommodate both parties. 7. Weather has historically been volatile in the area, with tornados, storms with strong winds and hail. Insert a clause that provides for what happens to the contractual obligations of the parties in the event of such a severe weather event occurring and causing major destruction the Lindens building
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