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In a novation, both the rights and the obligations of one party to a two-party contract are transferred to a third party, with the agreement of all three parties. For example, say that an ice cream vendor agrees to supply a supermarket with 100 gallons of chocolate ice cream a week.
How do I write a novation agreement? Preamble of the agreement. Novation. Further assurances. Counterparts. Mutual Release. No Third-Party Rights Under Agreements. Governing Law.
At present, there are only two standard forms of novation agreement used in the construction industry; a switch novation published by the Construction Industry Council (CIC) and an ab initio novation published by the Society for Construction Law (SCL).
A novation occurs when a party would like to transfer both the benefits and the burden within a contract to another party. Similar to assignment, the benefits are transferred, but unlike assignment, the burden is also transferred.
A novation agreement may be part of an original contract, or it may need to be signed at the time of the change. In the case of a name change, for example, a novation agreement might be needed in order to make a new contract with the newly named business.