Amendment to Agreement - Template, Sample Form

AMENDMENT AGREEMENT NO. 1

KNOW ALL MEN BY THESE PRESENTS:

This Amendment Agreement No. 1 (the “Amendment Agreement”) is made and executed this ________ day of ________, 20________, at the City/Municipality of ________, Province of ________, Republic of the Philippines, by and between:

________, Filipino, of legal age, single, with residence and postal address at ________, hereinafter referred to as the “FIRST PARTY”;

- and -

________, Filipino, of legal age, single, with residence and postal address at ________, hereinafter referred to as the “SECOND PARTY”.

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

WITNESSETH: That —

WHEREAS, the Parties entered into a certain agreement dated ________ (the “Original Agreement”), more particularly described as follows:

________;

WHEREAS, the Parties have mutually agreed to amend certain terms and provisions of the Original Agreement under the terms and conditions hereinafter set forth, pursuant to the autonomy of contracts under Article 1306 of the Civil Code of the Philippines and the principle that the obligation arising from a contract has the force of law between the parties under Article 1159 thereof.

NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants and undertakings herein contained, the Parties hereby agree as follows:

§ 1. Additions. The following provision/s is/are hereby added to and incorporated into the Original Agreement and shall hereafter be read as follows:

________

§ 2. Deletions. The following provision/s is/are hereby deleted and removed from the Original Agreement and shall be of no further force and effect:

________

§ 3. Amendments. The following provision/s of the Original Agreement is/are hereby amended and shall hereafter be read as follows:

________

§ 4. Effectivity. This Amendment Agreement shall take effect upon its execution by the Parties or their duly authorized representatives, and where applicable, upon notarization hereof.

§ 5. Integration. This Amendment Agreement amends and forms an integral part of the Original Agreement. This Amendment Agreement and the Original Agreement shall be read and construed together as one (1) and the same instrument. In the event of any conflict or inconsistency between the provisions of this Amendment Agreement and those of the Original Agreement, the provisions of this Amendment Agreement shall prevail to the extent of such conflict or inconsistency.

§ 6. Continuing Force and Effect. Except as expressly amended, modified, or supplemented herein, all other terms, conditions, covenants, and stipulations of the Original Agreement shall remain valid, binding, and in full force and effect until the termination thereof.

§ 7. No Novation. Nothing in this Amendment Agreement shall be construed as a novation of the Original Agreement. The Parties expressly intend that the Original Agreement, as amended hereby, shall continue to subsist and remain in effect in accordance with Article 1292 of the Civil Code of the Philippines.

§ 8. Governing Law. This Amendment Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the Republic of the Philippines.

§ 9. Separability. Should any one or more of the provisions of this Amendment Agreement be declared invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such invalid, illegal, or unenforceable provision shall be deemed replaced by a valid, legal, and enforceable provision that most closely reflects the original intent of the Parties.

§ 10. Dispute Resolution and Venue. The Parties shall endeavor to settle amicably any dispute, controversy, or claim arising out of or in connection with this Amendment Agreement. Should the Parties fail to reach an amicable settlement, any action arising herefrom shall be brought exclusively before the proper courts of ________, to the exclusion of all other venues.

IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first above written.

________
First Party

________
Second Party

SIGNED IN THE PRESENCE OF:

________                    ________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________ )
CITY OR MUNICIPALITY OF ________ ) S.S.

BEFORE ME, a Notary Public for and in the City/Municipality of ________, this ________ day of ________, 20________, personally appeared the following persons:

1. ________, with competent evidence of identity in the form of Driver's License bearing number ________, which expires on ________; and

2. ________, with competent evidence of identity in the form of Driver's License bearing number ________, which expires on ________.

All known to me and to me known to be the same persons who executed the foregoing AMENDMENT AGREEMENT NO. 1, consisting of ________ page/s, including this page on which this Acknowledgment is written, and they acknowledged to me that the same is their free and voluntary act and deed, as well as that of the parties they respectively represent, if any.

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________
NOTARY PUBLIC

Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.