Without Prejudice
________
________
PAN/Identification No.: ________
Email: ________ | Mobile: ________
Date: ________
Place: ________
Mode of dispatch: ________ (e.g., Registered Post A/D / Speed Post / Email / Courier)
To,
________
________
RE: Request for Alteration / Variation of the Contract dated ________
Dear ________,
§ 1. Reference to the Existing Contract. This letter is issued with reference to the written agreement executed between us, namely ________ dated ________ ("the Contract"). The Contract was entered into for, and broadly relates to, the following subject matter:
________
§ 2. Purpose of this Letter. I am writing to formally propose an alteration to / variation of the terms of the Contract, in exercise of the parties' liberty to mutually vary a concluded contract by consent under the Indian Contract Act, 1872. This communication is made in good faith and is intended to record my proposal in writing.
§ 3. Clause Proposed to be Altered. Specifically, I request the alteration of the following clause/portion of the Contract: ________. The said clause presently deals with the following:
________
§ 4. Existing Text. For ease of reference, the existing text of the clause sought to be altered reads as follows:
________
§ 5. Proposed Alteration. I propose that the aforesaid clause be altered/substituted to read as follows:
________
§ 6. Reason for the Proposed Alteration. The proposed alteration is sought for the following reason(s):
________
§ 7. Effective Date. If accepted, it is proposed that the alteration take effect on and from ________.
§ 8. Continuance of Remaining Terms. Save and except the specific alteration proposed herein, all other terms, conditions, covenants and stipulations of the Contract shall remain valid, binding and in full force and effect, and shall be read harmoniously with the proposed alteration.
§ 9. Requirement of Mutual Consent and Consideration. I acknowledge that no alteration shall be binding unless agreed to by you and, where applicable, supported by lawful consideration. Accordingly, kindly confirm your acceptance, rejection or counter-proposal in writing within ________ days from the date of receipt of this letter.
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§ 12. Governing Law and Jurisdiction. This communication and any addendum executed pursuant hereto shall be governed by and construed in accordance with the laws of India, and the courts at ________ shall have jurisdiction in respect of any matter arising therefrom, subject to the dispute resolution mechanism, if any, contained in the Contract.
§ 13. Communications. Kindly address all correspondence in this regard to me at the address/email mentioned above. Should you have any questions or concerns, please contact me at your earliest convenience.
Thanking you,
Yours faithfully,
________
(Signature)
Name: ________
Designation/Capacity (if signing on behalf of an entity): ________
Enclosures: ________ (e.g., copy of the Contract dated ________)