You also need to be careful how you formulate the new agreement. I don`t like to use the form of “modification” or “complement” to the old agreement when I extend an existing toll time. I prefer to enter into a new toll agreement that uses the original toll date from the first agreement, but changes the expiry date to extend the toll time. All I have to do is make an exposure to the court to defeat the lockdown defence. And I avoided the argument that my “modification” of the first agreement – with a new start and end date – should be treated as a pleading amendment replacing the original agreement, thus eliminating any tolls for the first agreement. Most of the recommendations for an extension of a toll agreement is that the lawyer prepares it – do not delegate this task to a legal assistant. A toll agreement is a “pause” agreement in which the parties agree that the statute of limitations will expire for an agreed period. These types of agreements are legal and applicable in Maryland. Milton Co. Council of Unit Owners of Bentley Place Condo., 121 Md. App.
100, 117-18, 708 A.2d 1047 (1998). With a toll agreement, the parties to the dispute have an air to find a solution that avoids the costs and burdens of litigation. On the other hand, this “discovery phase” can be costly, frustrating and tedious in a trial. For example, a toll agreement may provide a potential complainant with the opportunity to save money and obtain more information from the defendant than he would normally offer. Another question that needs to be asked is whether it is possible to take legal action during the duration of the toll. If the agreement provides that no appeal will be brought during the term of the contract, the applicant must ensure that, at the expiry of the agreement, there is sufficient time for the appeal. A toll agreement signed the day before the restrictions expire and prohibiting the filing of legal actions during the term of the contract can easily lead to the fee being prescribed at the minute the toll contract expires. In order to ensure the possibility of proceeding in a timely manner, the applicant should reserve the right to take legal action during the toll period.
Defendants can address this issue through a termination provision if an appeal is to be brought during the toll period. A toll contract is a contract that binds only the parties to the agreement. It is therefore important to ensure that all parties to the dispute are identified and in accordance with the terms of the toll agreement. If the litigants are companies (for example. B a limited liability company or company), a lawyer should check whether the companies are in good condition and can enter into a contract.