This amending agreement can be used to amend, or change, an existing contract.
It should be used to document revisions, additions, and deletions to the terms and conditions of an active fully executed agreement.
An amendment does not replace the entire original contract, just the part that is changed by the amendment.
If you only need to make several changes to a contract, it is much easier to create an amendment than to create an entirely new contract from scratch.
How to use this document?
Your amendment should include information such as :
Be sure to be as specific as possible and include the subsection numbers and names if there are any in the original contract. There is also an option to include a choice of law provision. This provision dictates which state law will be used to interpret and govern the terms of the contract in case of a future dispute.
Once the amendment is completed, the agreement should be signed by both parties and notarized. File and maintain the amendment with the original contract so that anyone looking at the contract will know that it has been amended and is therefore no longer representative of the entirety of the agreement.
Amending performance contracts that are used to create agreements about the provision of services is governed by common law in the "Second Restatement of Contracts" (the "Restatement"). The Restatement is a non-binding authority in all of U.S common law in the area of contracts and commercial transactions. Though the Restatement is non-binding, it is frequently cited by courts in explaining their reasoning in interpreting contractual disputes.
Amending contracts for sale of goods is governed by the Uniform Commercial Code (the "UCC") in § 2-209 Modification, Rescission and Waiver.
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