Delaware Negotiating and Drafting the Counterparts Provision

State:
Multi-State
Control #:
US-ND1904
Format:
Word; 
PDF
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Description

This form provides boilerplate contract clauses that establish the allowable number and effectiveness of any counterparts to the contract agreement. Several different language options are included to suit individual needs and circumstances.

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FAQ

A counterparts clause ensures that the intention of the parties to sign an agreement using counterparts is clear. However, exchange of counterparts, whether there is a counterparts clause or not, will normally be enough to form a contract given that exchange generally constitutes acceptance.

A counterparts clause makes up part of the general provisions of any contract you may enter. It establishes that though parties may sign documents separately, if the document's content is the same, you can read them together to form a legally binding agreement.

Counterparts. Simple contracts and deeds are often executed in counterparts. This means that each party to the contract will sign separate but identical copies of the same document. The signed copies will together form a single binding agreement.

A counterparts clause states that the parties signing the agreement don't all need to sign the same copy. Any copy of the agreement may be treated as an original.

This Agreement may be executed in counterparts, and may delivered personally or by facsimile or electronic transmission, and each counterpart will have the same force and effect as an original and will constitute an effective, binding agreement on the part of each of the undersigned.

Related Content. An approach to executing a document that is intended to have legal effect between two or more parties, that involves each party signing a separate (but identical) copy of the document and then exchanging their signed document for the one that has been signed by the other party.

Each party signs one copy of the contract, creating two counterparts, one for each party. A tenant and landlord execute a lease agreement. The tenant signs one counterpart of the lease and returns it to the landlord, who signs the other counterpart and keeps both copies.

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Delaware Negotiating and Drafting the Counterparts Provision