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.
Massachusetts Negotiating and Drafting the Counterparts Provision
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FAQ
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.?
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.
Is including a counterparts clause required? Though it is best practice to include a counterparts clause, the law does not require or mandate it. Instead, it is a protective measure that ensures the legal enforceability of a contract even though parties sign separate but identical copies of the 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.?
What does this mean? Answer: Executing a contract in counterparts is a very common practice that simply means that each party signs their own separate duplicate copy of the agreement rather than signing together on the same page of the same document.
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.
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 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.