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

DEED OF AMENDMENT TO AGREEMENT

THIS DEED OF AMENDMENT (the "Amendment") is made this ________ day of ________ (the "Effective Date") BETWEEN:

1. ________, of ________ (where applicable, a company incorporated under the Companies and Allied Matters Act 2020 with Registration Number ________) ("the First Party");

AND

2. ________, of ________ (where applicable, a company incorporated under the Companies and Allied Matters Act 2020 with Registration Number ________) ("the Second Party").

The First Party and the Second Party may individually be referred to as a "Party" (which expression shall, where the context so admits, include its successors-in-title and permitted assigns) and collectively as the "Parties".

RECITALS

A. The Parties entered into an agreement known as ________ (the "Original Agreement") dated ________, for the following purpose:

________

B. The Parties have agreed to vary and amend certain terms of the Original Agreement, and now wish to record the terms of such variation in this Amendment.

C. The Parties intend that this Amendment shall be read together with, and form an integral part of, the Original Agreement.

NOW THIS DEED WITNESSES that in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

§1. INTERPRETATION

1.1. Words and expressions defined in the Original Agreement shall, unless the context otherwise requires, bear the same meanings when used in this Amendment.

1.2. Clause headings are inserted for convenience only and shall not affect the construction of this Amendment.

1.3. References to a statute or statutory provision include any subordinate legislation made under it and any subsequent re-enactment or amendment thereof.

§2. THE ORIGINAL AGREEMENT

2.1. The legal relationship between the Parties is described as follows:

________

2.2. The said relationship arose by virtue of the Original Agreement, namely ________, entered into and executed on ________.

§3. AMENDMENTS

With effect from the Effective Date, the Original Agreement is hereby varied and amended as follows:

3.1. Addition. The Original Agreement shall be amended to include the following provision:

________

3.2. Deletion. The following provision shall be deleted from, and shall cease to have any effect under, the Original Agreement:

________

3.3. Modification. The following provision shall be deleted:

________

and shall be replaced with the following provision:

________

§4. NO OTHER AMENDMENTS

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§5. CONTINUING EFFECT

The Original Agreement and this Amendment shall be read and construed together as one single instrument, and the Original Agreement as so amended shall continue to be valid, binding and enforceable in accordance with its terms.

§6. ENTIRE AGREEMENT

This Amendment, together with the Original Agreement, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, understandings and agreements, whether written or oral, relating to the same subject matter.

§7. WAIVER

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§8. SEVERABILITY

If any provision of this Amendment is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect as if this Amendment had been executed without the invalid, illegal or unenforceable provision.

§9. FURTHER ASSURANCE

Each Party shall execute and deliver all such further documents and instruments, and take all such further actions and steps, as may be reasonably necessary or incidental to give full effect to the provisions and intent of this Amendment.

§10. STAMPING

This Amendment shall be duly stamped in accordance with the Stamp Duties Act (Cap. S8, Laws of the Federation of Nigeria 2004) (as amended), and the stamp duty payable hereon shall be borne by ________.

§11. DISPUTE RESOLUTION

11.1. The Parties shall use their best endeavours to resolve amicably, by negotiation in good faith, any dispute, controversy or claim arising out of or in connection with this Amendment.

11.2. Where any such dispute is not resolved within ________ days, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Mediation Act 2023. The seat of arbitration shall be ________, the number of arbitrators shall be ________, and the language of the arbitration shall be English.

§12. GOVERNING LAW AND JURISDICTION

This Amendment shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and subject to §11 above, the Parties hereby submit to the jurisdiction of the courts of ________ in respect of any matter arising out of or in connection with this Amendment.

IN WITNESS WHEREOF the Parties have executed this Amendment as a deed and delivered the same on the day and year first above written.

THE COMMON SEAL / SIGNED, SEALED AND DELIVERED by the within-named First Party ________

___________________________
Name: ________
Designation: ________

in the presence of:

Name................................................................................................................

Address.............................................................................................................

Occupation........................................................................................................

Signature..........................................................................................................

THE COMMON SEAL / SIGNED, SEALED AND DELIVERED by the within-named Second Party ________

___________________________
Name: ________
Designation: ________

in the presence of:

Name................................................................................................................

Address.............................................................................................................

Occupation........................................................................................................

Signature..........................................................................................................