Addendum to Agreement - Template, Sample Form Online Pro · EN-CA-law

ADDENDUM TO AGREEMENT

THIS ADDENDUM TO AGREEMENT (the "Addendum") is made and entered into effective as of ________ (the "Effective Date").

BETWEEN:

________, of
________
(the "First Party");

- AND -

________, of
________
(the "Second Party");

(the First Party and the Second Party are hereinafter referred to individually as a "Party" and collectively as the "Parties").

RECITALS

WHEREAS on or about ________ the Parties entered into a written agreement entitled ________ (the "Contract"), the purpose of which may be described as follows:

________

AND WHEREAS the Parties wish to amend and supplement the Contract on the terms and conditions set out in this Addendum;

NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Addendum and the Contract, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

§ 1. Purpose and Effect of Addendum

1.1. This Addendum amends and supplements the Contract and, upon execution by the Parties, shall be read together with and form an integral part of the Contract.

1.2. This is the ________ addendum made to the Contract.

1.3. Except where the context otherwise requires, capitalized terms used but not defined in this Addendum shall have the meanings ascribed to them in the Contract.

§ 2. Amendments and Supplementary Terms

2.1. The Contract is hereby supplemented and amended such that the following section(s) of the Contract are added, modified or supplemented as set out below:

Section: ________ ________

Amended / supplementary terms: ________

2.2. The amendments and supplementary terms set out in this § 2 shall take effect as of the Effective Date and shall be binding upon the Parties and their respective successors and permitted assigns.

2.3. In the event of any inconsistency or conflict between the terms of this Addendum and the terms of the Contract, the terms of this Addendum shall prevail to the extent of such inconsistency or conflict.

§ 3. Confirmation of Contract

3.1. Except as expressly amended or supplemented by this Addendum, all terms, conditions, covenants and provisions of the Contract shall remain unchanged and in full force and effect, and the Parties hereby ratify and confirm the same.

3.2. Nothing in this Addendum shall be construed as a waiver or release of any rights or obligations accrued under the Contract prior to the Effective Date, except as expressly provided herein.

§ 4. Entire Agreement

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

4.2. No amendment, modification or variation of this Addendum shall be valid or binding unless made in writing and signed by both Parties.

§ 5. Severability

5.1. If any provision of this Addendum is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

§ 6. Counterparts

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla.

§ 7. Governing Law and Jurisdiction

7.1. This Addendum shall be governed by and construed in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein.

7.2. Each Party irrevocably attorns and submits to the exclusive jurisdiction of the courts of the Province of ________ and the Federal Court of Canada, as applicable, in respect of all matters arising out of or in connection with this Addendum. The Parties agree that this choice of law, place and jurisdiction is mandatory and not optional.

IN WITNESS WHEREOF, the Parties have executed this Addendum as of the Effective Date first written above.

___________________________
________
First Party

Date: ________

___________________________
________
Second Party

Date: ________

___________________________
Witness (Name: ________)
Address: ________

___________________________
Witness (Name: ________)
Address: ________