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.
Kansas Negotiating and Drafting Modification, Amendment and Waiver Provisions
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FAQ
An amendment and waivers clause may be formulated in a number of ways. One common formulation states that (i) the agreement may not be amended except in a writing signed by the parties, and (ii) no provision of the agreement may be waived except in a writing signed by the waiving party.
How to create a contract amendment Pinpoint what you want to change or add. Look at your contract and write down the parts you need to change. ... Date and title the new amendment. Next, add the current date and the title and date of the original agreement to the document. ... Draft and describe the changes. ... Finalize the changes.
The amendment should be clear and concise. It should state the changes that are being made and the effective date of the changes. All parties should sign the amendment, ensuring that everyone has agreed that these changes have been made. You could use a template for your contract amendments.
It is not possible for one party to unilaterally change the terms of a contract, since contract law requires that both (or all) parties agree to the terms provided and signed. It doesn't matter if it's a unilateral or bilateral contract.
Best Practices for Contract Amendments Make sure the parties involved sign and date the amendment, or it won't be legally enforceable. Attach any amendment to the original version of the contract. Be sure to reference the amendment's title, date, parties, and signature date.
An amendment is often an addition or correction that leaves the original document substantially intact. Other times an amendment can strike the original text entirely and substitute it with new language. The U.S. Constitution is one example of the use of amendments.