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Novation clauses A novation clause will usually provide that a party cannot novate a contract without the prior written consent of existing parties. Including a novation clause in an agreement is designed to prevent oral consent to a novation, or consent being inferred from a continuing party's conduct.
Therefore, John decides to sell the car to Mary under the same terms as Peter. John wants to exit the transaction but owes obligations to both Peter and Mary. Therefore, John decides to settle his debt obligation through a novation by talking Peter and Mary into a novation agreement.
A novation agreement should include: Identification of parties. ... Details of the original contract. ... Novation details. ... Release clause. ... Indemnity clause. ... Governing law. ... Execution details. ... Identifying the need for a novation agreement.
Here are the key elements that should be included in the terms section of the agreement: Effective date: The date on which the novation agreement becomes effective. Transfer of rights and obligations: The transfer of rights and obligations from the original parties to the new party.