Request to Alter Contract - Template, Sample Form Pro · AU-law

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PRIVATE & CONFIDENTIAL

RE: REQUEST TO VARY CONTRACT — “________” dated ________

Dear ________,

1. Background

1.1 I refer to the contract entitled “________” dated ________ entered into between ________ and ________ (the Contract).

1.2 The Contract concerns the following subject matter:

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2. Proposed Variation

2.1 I am writing to request a variation to the Contract. The clause, section or schedule I propose to vary is: ________ (the Relevant Clause).

2.2 The Relevant Clause presently deals with the following:

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2.3 I propose that the Relevant Clause be varied as follows:

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2.4 I propose that the variation take effect on and from ________, or such other date as we may agree in writing.

3. Basis of this Request

3.1 This letter is sent as a request to negotiate a consensual variation of the Contract and is made on a without prejudice basis. It does not constitute a notice of termination, a repudiation, or a waiver of any right, obligation or remedy under the Contract or at law.

3.2 Nothing in this letter operates to vary the Contract unless and until the variation is recorded in a written deed or agreement of variation duly executed by both parties. Until such time, the existing terms of the Contract continue in full force and effect.

3.3 Where the Contract contains a clause requiring variations to be made in a particular manner (for example, in writing and signed by the parties), I confirm my intention that any agreed variation be effected strictly in accordance with that clause.

4. Next Steps

4.1 Please advise in writing, by no later than ________, whether you agree to the proposed variation.

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4.3 If you do not agree, or wish to propose alternative terms, I would welcome the opportunity to discuss the matter with you.

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Yours sincerely,

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