c) The contract agent terminates the contract if it is determined that it is not in the government`s interest to recognize a successor. The effective date is set by the contract agent after taking into account the interests of the EFHBP participants. Apart from that (and this is a point that even some lawyers do not seem to understand) if the treaty contains a keyword of the provision that is simply ambiguous, the judge will always allow the parties to say what that term should mean. That is because the purpose of the act is to enforce the Treaty, but if, when you read the treaty, you cannot say what the means, you have to get testimony from the parties about what they were trying to say. And of course, they may have other stories about what they intended to do, and the judge or jury will have to decide which version is most credible. This happens regardless of whether or not there is a full integration clause in the contract. Another problem is that if the cancellation clause is also binding on rights holders, third parties may be bound by contractual obligations, even if they have never signed the contract. Indeed, a good test to determine whether the contract benefits a third party may be whether it should be binding on that party. Clearly, the Browns were prepared to be bound by the 1953 agreement and allow Belleville access to their land to repair and maintain the drainage system, so it was not difficult to find that the Browns were the successor. Similarly, a subtenant or lender of the Brown property would be willing to grant such access, so that they could well succeed him. Belleville also stated that the Browns were not entitled to take legal action because they were third parties to the 1953 agreement and that contract law does not allow third parties to enforce agreements. Belleville also stated that the Browns were not «successors» to the original farmer who made the deal. The agreement states: (4) The government recognizes the purchaser as the successor to the taker to the interest and the contract.
By this contract, the purchaser is entitled to all rights, securities and interest of the ceding on and on the contract, as if the purchaser were the original part of the contract. After this contract comes into effect, the terms of the contract are the carriers and contractors that relate to the purchaser.