Variation agreement - Drafting Instructions, Summaries of Contract Law

Download Variation agreement - Drafting Instructions and more Summaries Contract Law in PDF only on Docsity! VARIATION AGREEMENT New Classifications Policy This template Variation should be amended to suit the individual contract in accordance the instructions within Cabinet Office Procurement Policy Note – Implementing the New Classifications Policy Information note 9/13 21 Oct 2013. 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 SECRETARY OF STATE FOR whose Head Office is at, , (the "Department"); 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 Department and the Contractor entered into a [insert type of original contract e.g. Contract for the Provision of Services] dated [insert date of original contract] with the Department'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 Department and the Contractor have agreed to vary the terms of the Original Contract as set out in this Agreement. (C) The Department'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].