Appellate Practice Attorney serving New York, NY
It seems to me that this clause can't apply in your situation, i.e. when the partner is not leaving voluntarily, but at the request of the other partner. In this situation, HE is not the terminating partner. The clause doesn't allow either of you to force the other out against his wishes. If it did, it would mean that either one of you could, at any time you feel like the prospects for the business are good, force the other out and keep their investment.
Your partner did not ask to leave. You are asking him to leave. He has agreed to do so, but only if you return his investment. You are not required to do so, but neither is he required to leave the business if you don't.
Answered on Jun 12th, 2015 at 9:08 AM