Negotiating and Drafting Modification, Amendment and Waiver Provisions

State:
Multi-State
Control #:
US-ND1611
Format:
Word; 
PDF
Instant download

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

To make better; improve. The definition of amend means to modify or alter something, often for the better. An example of amend is the act of making changes to the U.S. Constitution.

Creating an addendum will allow you to insert items or information into your contract so that all parties associated with the contract will be on one accord. An addendum to a contract is an additional document that is added to a pre-existing contract to modify the terms of the contract.

While the general proposition of the court is correct that modification of a contract requires new consideration, that rule applies when one party to the contract is making the modification. Here, both parties mutually agreed to modify the existing contract to change the original purchase price.

Insert the word "amended" into the legal document's title. For instance, if you were served a complaint and named a defendant, you would file an "answer" titled "Defendant's Answer." If there is reason to amend the original document, title the new document "Defendant's Amended Answer."

Writing a Contract Addendum Name the parties to the contract. Indicate the addendum's effective date, using the same date format used in the original contract. Indicate the elements of the original contract that the addendum intends to change. Concisely but clearly describe the desired changes.

Always put a contract amendment in writing and make sure both parties sign and date it. Reference the title of the contract, if applicable; its original parties; and original signing date, so that it is clear what document you are amending.

Don't leave it out include it at the end of your Word document as an addendum. Adding an addendum in Microsoft Word follows almost the same process you're already taking to create your Word documents. End with an addendum to ensure you always get the last word in Word.

Typically an addendum supersedes that portion of the original contract that the addendum specifically addresses. That's a general rule.

An example of an addendum being used would be if the parties wanted to add something to the original document. For instance, an individual who is purchasing a house may not want to purchase all of the furniture that is being left behind. However, after thinking about it further, he changes his mind.

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Negotiating and Drafting Modification, Amendment and Waiver Provisions