Reply to Deciphering termination clause in care home contract

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[quote=Anonymous][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]

Thanks, that now makes more sense.

After having read your post and replied to the previous post, I'm guessing the group care home manager might claim that no refund is owed because the items didn't get shipped until around the end of the month, even though her things were removed from her room (and stored elsewhere in the house) within a couple of days of my mother's passing. I don't really have a way to prove that though.[/quote]

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