100 Anywhere St. Orlando, FL 32819
To: Department Heads
From: Any name
Date: August 9, 2010
Subject: Legal Risks Associated with C-S for Unproduced Quality Materials
Eight months ago our company took on a large contract with Citizen Schwarz AG C-S. Since then we have come across unforeseen change requirements which are considered more than ordinary. There has been a change in the project manager which has caused a strain in communication amongst companies. Although we have worked hard to ensure that we met the restraints of our contract we still have areas which need improvement immensely. With the failure of communication with the newly appointed project manager we have been behind schedule on deliverables. The quality of our deliverables has been less than acceptable as bugs have been detected in the user testing stage.
The inability to deliver quality deliverables has Citizen-Schwarz AG asking for a rescission on the rest of the contract. In attempts to keep the relationship between Span Systems and Citizen-Schwarz AG amicable we are going to have to amend our previous contract to meet the needs of our business clients. Specific performance is needed on our half to continue through with this contract with Citizen-Schwarz AG therefore through stringent negotiations we have come to a consensus (concurrence of wills) and have amended the contract as such:
(1) Citizen-Schwarz AG may terminate this Agreement, in whole or in, for any reason upon seven (7) days prior written notice. Span Systems shall be entitled to payment for the percent of services satisfactorily completed as of the date of termination or cancellation. Citizen-Schwarz AG shall be entitled to receive all work products in progress or completed as of the date of termination or cancellation, subject to clearance of all payments due to Span Systems at the time.
(2) Any changes to the user and system requirements originally agreed will...