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.
Florida Negotiating and Drafting the Counterparts Provision
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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. 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.
Using a counterparts clause clarifies that: ? multiple copies of the same agreement or deed, known as counterparts, may be executed by the parties ? each signed copy will be treated as an original ? together the counterparts will comprise a single legal instrument.
Counterpart is a copy or duplicate of a legal instrument. Where an instrument, especially a contract, is signed by the parties on different copies, one of the copies is the original while the others are counterparts.
Counterpart is a copy or duplicate of a legal instrument. Where an instrument, especially a contract, is signed by the parties on different copies, one of the copies is the original while the others are counterparts.
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.?
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.