Thanks for the cite (and for the underlying post). Agreed that it is a complex issue - depends on the intent of the parties, equitable factors, etc. As you note

Thanks for the cite (and for the underlying post). Agreed that it is a complex issue - depends on the intent of the parties, equitable factors, etc. As you note in your post, it is a bad contract that leaves you in this position of having to litigate over this in the first place.