Oregon Negotiating and Drafting Modification, Amendment and Waiver Provisions

State:
Multi-State
Control #:
US-ND1611
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Word; 
PDF
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Description

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.

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FAQ

Also known as contract variations, contract amendments are documents used to make a mutually agreed-upon change to a preexisting contract. Depending on your needs, an amendment can change the following: The length or term of a contract. The fees or price for a service or product.

Modification means any change. It encompasses two commonly used terms: A revision is a change in something that exists, such as increasing the number of participants. An amendment adds something new, such as a person who will obtain informed consent.

It is used to change, delete or add specific terms or provisions within the original agreement while leaving the rest of the document intact. Because this type of change is made to an existing contract, all parties must agree to the amendment before it can be added to the document.

You might hear people talk about a ?contract variation? (especially in employment contracts) rather than a contract amendment. They're the same thing ? but to avoid any confusion it's probably best to stick to ?amendment? as a term.

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.

A contract addendum is a post-contract attachment that modifies, alters, or totally changes some of the terms of a previously established contract. Typically, this adds something new to a preexisting document. Once all parties named in a contract agree to an addendum, it becomes a part of the new contract.

Contract modification means any changes in the terms or provisions of the Contract which are reduced to writing and fully executed by both parties. Amendment means a written agreement, signed by the Parties, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters.

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Oregon Negotiating and Drafting Modification, Amendment and Waiver Provisions