Reply to Deciphering termination clause in care home contract

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[quote=Anonymous][quote=Anonymous]It is not clear, but I think Section A means that, in the event of death, the date of death = 30 days’ notice (not the first day of the thirty day period, but the end of it).[/quote]

I looked at this again and I feel more confident that the interpretation above is correct, for two reasons:
1) First, it eliminates the inconsistency you mentioned of requiring 30 days' written notice and then immediately referring to the refund requirements.
2) Second, the word "this" in the phrase "this notice."

[quote]"A. Termination by Resident and Refund Policy
The Resident may terminate this agreement at any time, regardless of cause, by giving the Facility 30 (thirty) days advance notice in writing. [b]This notice[/b] is deemed to have been given automatically on the date of the Resident’s death.[/quote]

"[T]his notice" is referring to the 30 (thirty) days advance notice in writing in the preceding sentence. If the Facility intended to say death = the start of the notice period, then the sentence would start with the word "notice," i.e., "Notice is deemed to have been given...."
[b]This[/b] Notice means that it is referring to the notice described in the preceding sentence, which is the 30 days' written notice.

FWIW, I do write contracts for a living, though not this type of contract. However, my colleagues and I do spend time agonizing over whether a comma changes the meaning of a sentence, or whether using the word 'this' in front of a noun like notice conveys a particular meaning.
[/quote]

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