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.
Colorado Negotiating and Drafting the Counterparts Provision
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This Agreement may be executed in one or more any number of counterparts, each of which when so executed and delivered shall be deemed taken to be an original, original; but all of which such counterparts shall together shall constitute one and the same agreement.
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 if you and your client sign the contract at different times, the contract is still deemed an original contract and together it constitutes the same instrument. A facsimile signature means that if signed online it is still deemed an original signature for all purposes.
A counterparts clause ensures that the intention of the parties to sign an agreement using counterparts is clear. However, exchange of counterparts, whether there is a counterparts clause or not, will normally be enough to form a contract given that exchange generally constitutes acceptance.
By Practical Law Corporate. A boilerplate clause that allows parties to validly execute separate copies or counterparts of a deed or agreement, each of which will be considered an original.
This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart with each party's signature.