Contract Amendment - Template, Sample Form to Fill out Pro · AU-law

✓ Valid in Australia · drafted to comply with local law

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Contract Amendment - Template, Sample Form to Fill out

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AMENDMENT AGREEMENT NO. 1

(Deed of Variation)

This Amendment Agreement No. 1 (the "Amendment Agreement") is made as a deed on ________.

PARTIES

BETWEEN

________ ACN/ABN ________, of the following address:

________ ("First Party")

AND

________ ACN/ABN ________, of the following address:

________ ("Second Party")

(each a "Party" and together the "Parties").

BACKGROUND

A. The First Party and the Second Party are parties to the following agreement dated ________ (the "Original Agreement"):

________

B. The Original Agreement permits amendment by written agreement executed by the Parties, and the Parties wish to vary the Original Agreement on the terms set out in this Amendment Agreement.

C. The Parties have agreed to enter into this Amendment Agreement to record those variations.

OPERATIVE PROVISIONS

In consideration of the matters described above, and of the mutual promises, benefits and obligations set out in this Amendment Agreement (the receipt and sufficiency of which consideration is hereby acknowledged), the Parties agree as follows:

(1) Definitions and interpretation

(1.1) Terms defined in the Original Agreement have the same meaning when used in this Amendment Agreement unless the context requires otherwise.

(1.2) The rules of interpretation set out in the Original Agreement apply to this Amendment Agreement.

(2) Variation of the Original Agreement

(2.1) With effect on and from ________ (the "Effective Date"), the Original Agreement is amended as follows:

________

(2.2) This Amendment Agreement amends the Original Agreement, and the Original Agreement and this Amendment Agreement must be read and construed together as a single instrument.

(3) Continuing effect

(3.1) Except to the extent expressly amended by this Amendment Agreement, all terms, conditions, obligations, rights and provisions of the Original Agreement remain in full force and effect and continue to bind the Parties until termination of the Original Agreement in accordance with its terms.

(3.2) Nothing in this Amendment Agreement constitutes a novation, waiver, release or discharge of any accrued right, obligation or liability of either Party under the Original Agreement arising before the Effective Date.

(4) Conflict

(4.1) If there is any conflict or inconsistency between the terms of the Original Agreement and the terms of this Amendment Agreement, the terms of this Amendment Agreement prevail to the extent of the inconsistency.

(5) Warranties

(6) Governing law and jurisdiction

(6.1) This Amendment Agreement is governed by and must be construed in accordance with the laws in force in ________, being the same governing law as the Original Agreement.

(6.2) Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of ________ and the courts competent to hear appeals from those courts.

(7) Costs

(7.1) Each Party must bear its own legal and other costs and expenses in connection with the preparation, negotiation and execution of this Amendment Agreement, save that any stamp duty (if applicable) is payable by the Party liable under the applicable legislation.

(8) Counterparts and entire agreement

(8.1) This Amendment Agreement may be executed in any number of counterparts, including by electronic means, each of which when executed and delivered constitutes an original, and all such counterparts together constitute one and the same instrument.

(8.3) No variation of this Amendment Agreement is effective unless it is in writing and signed by or on behalf of each Party.

EXECUTED AS A DEED on ________.

Executed by ________ in accordance with s127 of the Corporations Act 2001 (Cth) by:

___________________________________
Signature of director

____________________________________
Name of director

___________________________________
Signature of director/secretary

____________________________________
Name of director/secretary