This office lease form states the conditions where the landlord agrees to perform certain work in the demised premises and the additional demised premises. Landlord shall, at the sole cost and expense of the landlord and subject to the limitations and provisions hereof, furnish and install, or cause to be furnished and installed in a good, first class and workmanlike manner, certain items of work.
Texas Alterations Clauses Model Approach
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US-OL12043
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FAQ
The goal of Section 2-207 is to allow the parties to enforce their agreement, whatever it may be, despite discrepancies that may exist between an oral agreement and a written confirmation, and despite discrepancies between a written offer and a written acceptance, if the acceptance can be effectuated without requiring ...
(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or ...
At common law, the mirror image rule requires an acceptance to be exactly like the offer. The rule is reversed under the Uniform Commercial Code, however. Under UCC § 2-207, an acceptance is still an acceptance even though it states different or additional terms from the offer.
UCC 1-207 Explained UCC 1-207 is a provision of the Uniform Commercial Code that gives individuals the ability to reserve their rights when entering into contracts or agreements. The provision is designed to ensure that individuals do not inadvertently waive their legal rights when entering into agreements.
?In Texas, contractual choice-of-law provisions are ordinarily enforced if the chosen forum has a substantial relationship to the parties and the transaction.? Access Telecom, Inc.
The sub-sections of section 2-207(2) relevant to the "material alteration" language are only applicable "between merchants." U.C.C. 2-207(2) (stating that "[b]etween merchants such terms become part of the contract unless..."). The U.C.C.
In this chapter, ?competitive sealed proposals? is a procurement method by which a governmental entity requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility.
UCC 2-207 ensures (usually) that there is a contract once the documents are exchanged. Section 2-207 overrules the mirror image rule and the last shot rule. If the parties exchange writings demonstrating that they intend to enter into a contract, differences in standard terms won't prevent the formation of a contract.