________
________
Date: ________
________
________
Dear ________,
RE: PROPOSED VARIATION OF CONTRACT TERMS — ________
1. This letter concerns the ________ (the “Agreement”) entered into on ________ between ________ of ________ (“Party 1”, referred to in the Agreement as the ________) and ________ of ________ (“Party 2”, referred to in the Agreement as the ________) (together the “Parties”).
2. The Agreement was previously varied by a letter agreement dated ________. Save as set out below, all such prior terms and any prior variations shall continue to apply.
3. In accordance with the variation provisions contained at Clause ________ of the Agreement, and pursuant to the Parties’ common law right to vary a contract by mutual agreement, Party 1 proposes the following variation(s) to the Agreement, to take effect from ________ (the “Effective Date”):
3.1. Clause ________ of the Agreement shall be deleted in its entirety and shall cease to have any force or effect on and from the Effective Date.
3.2. Clause ________ of the Agreement shall be deleted and replaced so as to read as follows:
________
4. Each Party warrants that it has the necessary authority and capacity to agree to and give effect to the variation(s) set out in this letter, and that doing so will not breach any other agreement or obligation binding upon it.
5. The proposed variation(s) are put forward for the following reason(s):
________
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7. Nothing in this letter constitutes a waiver of any right, remedy, breach or default which has accrued under the Agreement prior to the Effective Date.
8. No further variation of the Agreement (as varied by this letter) shall be effective unless made in writing and signed by or on behalf of each of the Parties.
9. A person who is not a party to this letter shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
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If the proposed variation(s) set out above are acceptable to you and accurately reflect our mutual understanding, kindly confirm your agreement by signing and dating both copies of this letter in the spaces provided below. Please return one signed copy to the address shown above and retain the other for your records.
Yours sincerely,
Signed: ____________________________
Name: ________
For and on behalf of Party 1
Date: ________
AGREED AND ACCEPTED
I confirm that I have read, understood and agree to the variation(s) to the Agreement set out in this letter.
Signed: ____________________________
Name: ________
For and on behalf of Party 2
Date: ________