Paragraph 14 of Littleton Apothecary’s HCA is a “Covenant Not to Sue.”
About a year ago, I had coffee with Chuck and asked him why Matthew’s wife’s HCA had a “Covenant Not to Sue” when the other HCA (the one awarded to Community Care Collective for an identical license) lacked the same language. This conversation between Chuck and me happened long before I learned about Chuck’s friendships with Jason and David.
Chuck shook his head, laughed a little to himself, and said that after my name came off the Apothecary’s proposal’s paperwork, “the negotiating process with Christine became difficult” and she was “always threatening to sue.”
Pridefully, Chuck said that the “Covenant Not to Sue” was put in there to “protect the town.”
I find Chuck’s foresight to include this covenant amusing in its irony.
If Matthew’s wife hadn’t gotten the HCA—which, does include this “Covenant Not to Sue”—Matthew’s wife would likely have used Chuck’s characterization of her, starting at 1:08:55, as evidence that the town—through Chuck in his role on the Select Board—had “discriminated against her” by not entering into an HCA with her.
Well, that didn’t come to pass because Matthew’s wife did get that HCA—and with it, she got that Covenant Not to Sue.
Paragraph 12 of Littleton Apothecary’s HCA—“Successors and Assigns”—makes clear that anyone/any business/any entity whatsoever who might succeed Matthew’s wife or whom Matthew’s wife might assign her right(s) to vis a vis the Apothecary would also be bound by Paragraph 14.
I bring this up because I foresee our Select Board will soon be threatened with lawsuits and, in response, will assert that it “has no choice” but to take a particular path vis a vis Matthew’s wife and the HCA she holds with the town “because the town doesn’t want to get sued.”
Well, Paragraph 14 “protects the town” from getting sued.
Matthew’s wife can’t sue the town.
Her successors can’t sue the town.
Her assigns can’t sue the town.
We’ve got Chuck’s negotiating skills to thank for including that covenant.
Jenna
Jenna Brownson 