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.
South Dakota Negotiating and Drafting the Counterparts Provision
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FAQ
This Amendment may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same 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.
Multiple Counterparts . Means this agreement may be executed in multiple counterparts, each of which shall be regarded for all purposes as an original; and such counterpart shall constitute but one and the same instrument.
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.
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.
Generally, yes, but best practice is to have a specific clause. In short, contracts and deeds can usually be signed in counterpart. The absence of a specific counterpart clause should not affect the validity of a deed where a deed has been executed in counterpart.
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.?