VARIATION AGREEMENT Note This Page Is Not Part Of

variation agreement note: this page is not part of this agreement, it contains information to help you in the drafting of your contract. ple

VARIATION AGREEMENT
Note: This page is not part of this Agreement, it contains information
to help you in the drafting of your contract. Please delete this page
after you have read it.
It is important to properly monitor any variations to a Contract. It
is simpler to resolve a dispute if the Contract reflects the true
nature and intention of the parties by way of formal variations as the
Contract changes over time.
To help you structure your contract and prompt you for the information
required you should follow the instructions given below. These either
ask you to choose between a number of options or to insert some
information.
Drafting Instructions
1.
Below is an example of an instruction that tells you to delete the
instruction (including the square brackets and shading) and insert
the start date of this Agreement.
[insert start date]
2.
There are also some places where optional text is given in square
brackets and the relevant instructions are given in drafting notes
below in bold type. An example is given below:
[Clause [x] shall be amended to include the following definitions:]
[Note: Include the wording in square brackets if you are including
additional definitions under the Original Contract.]
If you decide to include the text in square brackets, just delete the
square brackets and the drafting note. If you decide not to include
it, you should delete the text in the square brackets and the drafting
note.
3.
If the word "[OR]" appears in a clause, it is giving you an option
from several clauses. Once you have selected the appropriate
option, delete the other options and "[OR]".
4.
When you have finished drafting your contract it should contain no
square brackets or drafting notes. You may wish to leave some of
the optional text in square brackets during the contract
negotiations to show that these provisions are yet to be
concluded.
THIS AGREEMENT is made on [insert in manuscript the date this
Agreement is signed]
BETWEEN:-
(1) THE [INSERT NAME OF SCHOOL] whose [INSERT ADDRESS] (the "School");
and
(2) [INSERT COMPANY NAME] (No: [insert registered number]) whose
registered office is situated at [insert the full registered office
address] ("[Contractor]").
[OR]
2.
[INSERT INDIVIDUAL'S NAME], a partner in the partnership of [insert
name of the partnership] of [insert the full address] ("[Contractor]").
[OR]
2.
[INSERT INDIVIDUAL'S NAME], trading as [insert the trading name]
of [insert the full address] ("[Contractor]").
[Note: Choose the appropriate paragraph 2 from those above and then
delete the others. The contracting party details should reflect those
in the original contract that is being varied.]
RECITALS:-
A.
The School and the Contractor entered into a [insert type of
original contract e.g. Contract for the Provision of
Project/Services] dated [insert date of original contract] with
the School's reference number of [insert the unique reference
number of the Original contract] ("Original Contract") for the
purposes of [insert brief details of purpose of original contract
e.g. of the supply of administrative services].
B.
The School and the Contractor have agreed to vary the terms of the
Original Contract as set out in this Agreement.
C.
The School's reference number for this Variation Agreement is [insert
the variation number e.g. 01, 02, 03 etc.].
IT IS AGREED as follows:-
1.
Consideration
In consideration of each of the parties entering into this Agreement
(such consideration being agreed by the parties to be good and
valuable consideration, the adequacy and sufficiency of which is
hereby acknowledged and agreed), the parties have agreed to vary the
Original Contract in accordance with Clause [insert clause number
relating to variation of agreement in Original Contract].
2.
Variation of the Original Contract
1.
The parties agree with effect from the date of this Agreement
the Original Contract shall be varied as set out in attached.
2.
Subject to the variations set out in , the Original Contract
shall continue in full force and effect in all respects.
3.
In addition to the amendments set out in , the Original
Contract shall be construed and interpreted with such further
consequential amendments as are necessary to give effect to
the amendments set out in of this Agreement, as if such
further amendments were also expressly set out in .
4.
Except as provided in Clause 2.3 and , the parties agree that
no other liabilities, financial or otherwise, shall accrue to
the School because of this Variation Agreement.
3.
Severability
The provisions of this Agreement are intended by the parties to be
severable in the event that any part of it is held to be illegal or
unenforceable (in whole or in part) and such part shall not affect the
validity and enforceability of the remaining provisions or the
remainder of the affected provision under this Agreement.
4.
Authority and Costs
Each party undertakes that it has full power and authority to enter
into and shall be responsible for its own costs arising in relation to
this Agreement.
5.
The Contracts (Rights of third Parties) Act 1999
Tis Agreement is not intended to create any benefit, claim or rights
of any kind whatsoever enforceable by any person who is not a party to
this Agreement. Accordingly, the parties confirm that no term of this
Agreement is enforceable under the Contracts (Rights of Third Parties)
Act 1999 by a person who is not a party to this Agreement.
6.
Governing Law and Jurisdiction
The parties agree that this Agreement and any dispute arising under or
in any way connected with the subject matter of this Agreement
(whether of a contractual or tortious nature or otherwise) shall be
governed by and construed in accordance with the laws of England, and
the parties submit to the jurisdiction of the English Courts.
EXECUTED by the parties on the first date in this Agreement.
Authorised to sign for and on behalf of the School
Signature
Date
Name in Capitals
Address in full
Authorised to sign for and on behalf of the ***insert name of the
Contractor ***
Signature
Date
Name in Capitals
Address in full
ANNEX 1
Variations to Original Contract
All references to Clauses in this are to Clauses in the Original
Contract.
1.
[Clause [insert clause number from the Original Contract] shall be
amended to include the following definitions:]
[insert new definitions]
2.
[Clause [insert clause number from the Original Contract] shall be
amended in its entirety to read:]
[insert the whole of the new clause]
3.
[Clause [insert clause number from the Original Contract] shall be
deleted in its entirety.]
[Note: When drafting the actual variations to the Original Contract
you should refer to the clause number in the Original Contract. There
are three main ways to vary the clauses, examples of which are given
above. These are (1) including additional wording, (2) including an
entirely new clause and (3) deleting a clause. The above can be
repeated for as many clauses as need to be varied. It is important to
specify if a clause comes from a Annex in the Original Contract. If
the variation affects the funding, remember to include revised
financial details.]