Discussion:
What is the name of your state?What is the name of your state?Hi
Your help is gratefully appreciated on this particular matter.
In my youthful naiveté, I once trusted the services of an agent to draw up a contract for me with a Publisher (whose General Manager he had more than a passing acquaintance with ). Anyway, God/Fate moves in mysterious ways sometimes, and the Publisher was bought out.
My former Publisher never informed me of this impending closure of his firm. Well, I contacted the new Publisher, who apparently bought out my former Publisher, lock, stock and barrel. I now stand in a total limbo with the new Publisher’s lack of communication.
I decided to read, and re-read the contract with my former Publisher, when my eyes fell upon the final paragraph:

"This Assignment contains all of the terms agreed between the parties and replaces any and all previous agreements, whether written or oral, concerning the subject matter of this Assignment. This Assignment shall not be modified or varied except by a written instrument signed by the parties. A waiver by either party of any term or condition in a particular instance shall not be deemed to be a waiver thereof for the future."
I am not appealing for a cut and dry response form anybody, but just some little insight into how I should interpret and understand the above quoted paragraph. For example: although the terms of the Assignment/Agreement are subject to the Laws of England, can I infer in 'generic' terms that the contract is up for re-negotiation, or even possibly null and void at this point?
Thank you in advance for any help.
Answer:
Sorry, but you're way off. This paragraph only means that the contract it specifies cannot be changed/altered without written permission of all parties to the contract.
Absent any other paragraph that does not allow the contract to be purchased, you're still under contract, albeit, to the new company.
Just for future reference, a contract is an asset just as accounts payable or stock. When a company purchases another it purchases all assets of the former, including contracts and accounts.