I called it "waiving", as I believe that is the correct legal term.
Here is the actual chat log. (For those who don't know, iago-x86 is Ron.) [10:11] <+iago-x86> They effectively said they'll invoke the 6 month clause, but gave us the option to agree to disregard the new lease (legal if we both consent) and sign a new one immediately [10:12] <+iago-x86> AssentWorks wanted to sign right away - it would be difficult for them to deal with the uncertainty, so we agreed to let them [10:12] <+iago-x86> Then AW gave us the option to stay on our current terms for 6 months (with them) or sign a new one and pay our share On Thu, Oct 25, 2012 at 10:27 AM, Courtney Lofchick <[email protected]>wrote: > Who said we waived our rights? > > > On Thu, Oct 25, 2012 at 10:24 AM, Roswyne <[email protected]> wrote: > >> Apparently we have *waived* our right to our existing lease to avoid >> forcing the landlord to invoke the six month clause. >> >> AssentWorks will (but has not yet) signed a new lease, agreeing to the >> new terms (retroactively paying electrical bills and paying all new utility >> bills). >> >> We could then sublease from AW for six months under the terms of the >> original lease, or for the remainder of their new lease at appropriate >> terms. They would presumably want to pass on their new, higher, costs. >> >> >> >> >> On Thu, Oct 25, 2012 at 9:48 AM, Justin Lacko <[email protected]> wrote: >> >>> Siu, >>> >>> I appreciate your concern and volunteering to cover some preliminary >>> legal costs. I think I need to stress again that we're beyond the >>> details of the legality of the lease and we're now focused on whether >>> we stay and reduce our footprint, or we find a new space. Your money >>> would be much better spent on helping out with upcoming electrical >>> costs - no matter where we end up there will be these costs. >>> >>> ~Justin >>> >>> On 25 October 2012 09:34, Courtney Lofchick <[email protected]> >>> wrote: >>> > If they want of request AW pay back electrical in a future contract >>> then it >>> > is not illegal. Especially if they agree to it. We don't have to pay it >>> > unless we stay. The landlord is not imposing that on us, AW is. >>> > Claiming we don't have a lease is different. We have one, but it's not >>> > relevant. They can give us 6 months if they want to. >>> > You don't need to get a lawyer to determine if the landlord is >>> > untrustworthy. A quick look at court records will show their track >>> record. >>> > That being said if you want to pay for a lawyer please do so but >>> perhaps it >>> > would be better put to helping us come to an agreement with AW if we >>> stay. >>> > >>> > On Thu, Oct 25, 2012 at 9:27 AM, Roswyne <[email protected]> wrote: >>> >> >>> >> You can't change a contract once it's signed - the whole point of >>> signing >>> >> it is to confirm and finalize what the terms are. It's illegal for >>> them to >>> >> insist on anything that wasn't covered in the contract. >>> >> >>> >> As far as I can tell, they're sticking to their story that we never >>> had a >>> >> contract, which is interesting to say the least. They certainly >>> collected >>> >> rent in accordance with it. >>> >> >>> >> Is there a particular reason that the board doesn't want a lawyer to >>> see >>> >> the contracts? I understand it's an extra expense, but I've already >>> offered >>> >> to cover that. >>> >> >>> >> >>> >> >>> >> >>> >> >>> >> On Thu, Oct 25, 2012 at 9:15 AM, Ron <[email protected]> wrote: >>> >>> >>> >>> -----BEGIN PGP SIGNED MESSAGE----- >>> >>> Hash: SHA1 >>> >>> >>> >>> They're not illegal. There's nothing stopping them from saying "your >>> new >>> >>> lease requires you to pay us $6000 immediately". The only sketchy >>> thing >>> >>> is signing a second lease while the first is in effect, but that >>> isn't >>> >>> harming us in any way so I'm not worried. >>> >>> >>> >>> Ron >>> >>> >>> >>> On 2012-10-25 09:12, Roswyne wrote: >>> >>> > To follow up on this - I think it makes a significant difference >>> >>> > whether or >>> >>> > not their actions have been illegal. If they've been legal, then >>> we >>> >>> > can >>> >>> > continue to deal with them... but if they've violated their >>> contracts >>> >>> > with >>> >>> > us, then we can't trust them at all. >>> >>> > >>> >>> > If I can get copies of our two leases, I'll take them to a lawyer >>> for >>> >>> > review *at my own expense*. >>> >>> > >>> >>> > >>> >>> > >>> >>> > >>> >>> > >>> >>> > On Thu, Oct 25, 2012 at 7:54 AM, Roswyne <[email protected]> >>> wrote: >>> >>> > >>> >>> > > My experience says that people who behave unfairly do so >>> >>> > > consistently, and >>> >>> > > escalate until you stop giving in to them. >>> >>> > > >>> >>> > > We all know how this has continuously gotten worse as its >>> progressed. >>> >>> > > Why >>> >>> > > give them another chance to shock us? >>> >>> > > >>> >>> > > Moving time and costs will depend on what we take with us, based >>> on >>> >>> > > the >>> >>> > > size of the new place and what people consider important. For >>> >>> > > example, if >>> >>> > > we don't have room for six couches, we won't take them all. And >>> >>> > > Assentworks >>> >>> > > might be happy to inheirit the ones we leave. >>> >>> > > >>> >>> > > Similarly, people can take back any "lent" items and personal >>> >>> > > projects. >>> >>> > > Tables can be folded down, and benches and shelves can be >>> >>> > > disassembled. >>> >>> > > >>> >>> > > We shouldn't over plan the new location. Its easy to make plans >>> - one >>> >>> > > person can do that alone. But it takes a team to build >>> everything. >>> >>> > > >>> >>> > > We'll do better to embrace a flexible, adaptive floor layout, >>> and let >>> >>> > > it >>> >>> > > grow based on need/usage. >>> >>> > > >>> >>> > > >>> >>> >>> >>> > _______________________________________________ >>> >>> > SkullSpace Discuss Mailing List >>> >>> > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss >>> >>> > Archive: >>> https://groups.google.com/group/skullspace-discuss-archive/ >>> >>> >>> >>> -----BEGIN PGP SIGNATURE----- >>> >>> Version: GnuPG v2.0.19 (GNU/Linux) >>> >>> >>> >>> iEYEARECAAYFAlCJSWwACgkQ2t2zxlt4g/QnHQCfa1Wt0Q/u8EY8Iv0ea2AhlF+s >>> >>> EssAnA3pOsfSM2dxn3cSbjKY6M00aVIk >>> >>> =/z5o >>> >>> -----END PGP SIGNATURE----- >>> >>> _______________________________________________ >>> >>> SkullSpace Discuss Mailing List >>> >>> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss >>> >>> Archive: https://groups.google.com/group/skullspace-discuss-archive/ >>> >> >>> >> >>> >> >>> >> _______________________________________________ >>> >> SkullSpace Discuss Mailing List >>> >> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss >>> >> Archive: https://groups.google.com/group/skullspace-discuss-archive/ >>> > >>> > >>> > >>> > _______________________________________________ >>> > SkullSpace Discuss Mailing List >>> > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss >>> > Archive: https://groups.google.com/group/skullspace-discuss-archive/ >>> _______________________________________________ >>> SkullSpace Discuss Mailing List >>> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss >>> Archive: https://groups.google.com/group/skullspace-discuss-archive/ >>> >> >> >> _______________________________________________ >> SkullSpace Discuss Mailing List >> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss >> Archive: https://groups.google.com/group/skullspace-discuss-archive/ >> > > > _______________________________________________ > SkullSpace Discuss Mailing List > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > Archive: https://groups.google.com/group/skullspace-discuss-archive/ >
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