California Negotiating and Drafting the Counterparts Provision

State:
Multi-State
Control #:
US-ND1904
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Word; 
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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

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.

Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument.

Sample wording: ?Neither party may assign this agreement or any rights or obligations herein without the prior written consent of the other party.? Cancellation clauses: These allow either party to terminate the contract under specific conditions, often requiring advance notice.

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.

A person or thing that has the same purpose as another one in a different place or organization: The prime minister is to meet his European counterparts to discuss the war against drugs. Synonym. opposite number.

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 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.

A typical counterpart clause will look something like this: ?this agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.?

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California Negotiating and Drafting the Counterparts Provision