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Amending Agreement

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AMENDING AGREEMENT

THIS AMENDING AGREEMENT dated this ________ day of ________________, ________

BETWEEN:

_________________________

OF THE FIRST PART

- AND-

_________________________

OF THE SECOND PART

  1. Background
  2. _________________________ and _________________________ (the "Parties") entered into the contract (the "Contract") dated December 9, 2022, for the purpose of ______________________________________________
  3. The Parties desire to amend the Contract on the terms and conditions set forth in this Amending Agreement (the "Agreement").
  4. This Agreement is the first amendment to the Contract.
  5. References in this Agreement to the Contract are to the Contract as previously amended or varied.

IN CONSIDERATION OF the Parties agreeing to amend their obligations in the existing Contract, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to keep, perform, and fulfill the promises, conditions and agreements below:

  1. Amendments
  2. The Contract is amended as follows:
    1. ______________________________________________________________________________________________________________________________________________________________________________________.
  3. No Other Change
  4. Except as otherwise expressly provided in this Agreement, all of the terms and conditions of the Contract remain unchanged and in full force and effect.
  5. Miscellaneous Terms
  6. Capitalized terms not otherwise defined in this Agreement will have the meanings ascribed to them in the Contract. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine include the feminine and vice versa. No regard for gender is intended by the language in this Agreement.
  7. Governing Law
  8. Subject to the terms of the Contract, it is the intention of the Parties that this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Commonwealth of Virginia, without regard to the jurisdiction in which any action or special proceeding may be instituted.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

_______________________________
WITNESS:  ______________________

_______________________________
______________________(Party)

_______________________________
WITNESS:  ______________________

_______________________________
______________________(Party)

Last updated September 27, 2022

What is a Contract Addendum?

A Contract Addendum, also known as an amending agreement, is a document that modifies an existing contract without invalidating it. When possible, using an Addendum is often easier than creating a whole new contract.

You can use an Addendum to add, delete, or replace terms in a contract that’s already been signed. For example, you may need to change the names of the parties in a Real Estate Agreement. Or, an independent contractor might need an extension for completing a certain project. 

In any case, the Contract Addendum makes the changes you need while maintaining the integrity of the original agreement. In other words, any terms that weren’t modified by the Addendum remain in place.

Is a Contract Addendum legally binding?

A contract must meet specific criteria for it to be legally binding and enforceable. Read more about the elements of a valid contract in our Guide to Signing and Managing Contracts.

To change a legally binding contract, everyone involved must give mutual consent. Putting the changes in writing and attaching them to the original agreement prevents confusion and potential disputes between the parties involved. Then, the parties can acknowledge their consent by signing the Addendum.

If a dispute occurs, an Addendum helps prove which terms the parties agreed to.

How to write an Addendum to a contract

Customize LawDepot’s Contract Addendum template to suit your situation. We’ll walk you through three essential steps, so you can feel confident that you’ve included the right information.

1. Describe the original contract

Give information about the original contract, including:

  • It’s amendment history (if you've already amended it several times, consider creating a new contract)
  • The jurisdiction in which the original contract applies (or the jurisdiction in which one of the parties resides)
  • The names of the parties involved (individuals or corporations) 
  • The date that it took effect
  • Its purpose

2. Make your amendments

LawDepot's form allows you to make up to five amendments in a single Contract Addendum. 

Use clear and simple language when writing your amendments. If you need guidance, our template includes examples of the type of language you can use to write your amendment.

Be sure to reference the section or clause of the original contract that’s being altered. If you’re adding a brand new clause, explain where it will be inserted in the original contract.

3. Sign the document

Once all the parties review the document, they can sign their names to consent to the changes.

Do I need to notarize my Contract Addendum?

In most cases, you don’t need to notarize an Addendum. 

However, you may wish to get a lawyer to review your Addendum to ensure that you use the proper language and that the terms don’t create unintended consequences. A lawyer can also confirm whether the amendment meets the criteria for a valid contract in your jurisdiction.

What’s the difference between an Addendum and a Waiver?

Generally, an Addendum modifies a contract, while a Waiver releases one party from the liabilities of a contract. 

For example, if one party didn’t uphold a contract term, the other parties might agree to carry out the contract anyways.

Waiving a breach of contract can occur without an Addendum. The parties might agree verbally or use a Release of Liability.

Related Documents:

  • Lease Amendment: A Lease Amendment is used to make changes in an existing agreement between a landlord and a tenant.
  • Partnership Amendment: A Partnership Amendment is used to change terms in an existing Partnership Agreement.
  • Lease Assignment Agreement: A Lease Assignment Agreement is used when a tenant wants to transfer all of the interest that they have in a property to another party.
  • Assignment: An Assignment may be used to transfer property, rights, or obligations from one person to another.
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