This form provides boilerplate contract clauses that establish procedures for amending or modifying the contract agreement and that supply provisions for the allowance and effectiveness of waivers under the terms of the contract agreement. Several different language options representing various amendment procedures are included to suit individual needs and circumstances.
Mississippi Negotiating and Drafting Modification, Amendment and Waiver Provisions
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Like an addendum, a contract amendment is also an addition to a contract or agreement. An amendment, however, is generally not used to add terms and conditions, but rather to change existing terms and conditions. It comes from the Latin word emendare which means ?to correct, free from fault.?
An amendment is often an addition or correction that leaves the original document substantially intact. Other times an amendment can strike the original text entirely and substitute it with new language. The U.S. Constitution is one example of the use of amendments.
While an amendment alters the core terms of the contract, an addendum provides supplementary information without changing the original content.
The amendment should be clear and concise. It should state the changes that are being made and the effective date of the changes. All parties should sign the amendment, ensuring that everyone has agreed that these changes have been made. You could use a template for your contract amendments.
Putting Your Amendment in Writing Some contracts contain clauses like the ones explained below, which specify that all amendments must be in writing and signed by all parties.
How to create a contract amendment Pinpoint what you want to change or add. Look at your contract and write down the parts you need to change. ... Date and title the new amendment. Next, add the current date and the title and date of the original agreement to the document. ... Draft and describe the changes. ... Finalize the changes.
You can use a separate document to lay out how you would like to change an entire section. You should note at the beginning of the document which part it is that is being altered and when it is effective. Again, both parties should sign or initial and date the amendment to show that both sides agreed to the change.
The amendment should be clear and concise. It should state the changes that are being made and the effective date of the changes. All parties should sign the amendment, ensuring that everyone has agreed that these changes have been made. You could use a template for your contract amendments.