Contract terminable.
October 27, 2019The parties’ contract had a 4-year term:
“Subject to jcpenny’s rights to relocate or otherwise change or alter the shops as specified below, the parties agree that the Bodum and O&R Shops will be featured in the designated jcpenny stores for a period of 4 years from the opening date . . .”
But, the “rights . . . specified below” included the right to:
remove, alter, or relocate any and all Bodum or O&R Shops or any portion of a Bodum or O&R Shop. . .
Accordingly, the contract was terminable at will. Bodum USA, Inc. v. J.C. Penney Co., No. 05-18-00813-CV (Oct. 23, 2019) (The opinion has a thorough discussion of Texas contract-interpretation principles, including a reminder that contra proferentum “is a doctrine of last resort.” Substantively, the parties do not appear to have argued whether this termination right made the contract illusory.)