The Addendum To Contract is a critical legal instrument used under Swiss law when parties need to modify an existing contract without creating an entirely new agreement. This document type is particularly relevant when circumstances require adjustments to specific terms while maintaining the overall structure and validity of the original contract. It must comply with Swiss legal requirements, particularly those set forth in the Code of Obligations (OR) regarding contract modifications. The addendum typically specifies which provisions are being modified, added, or deleted from the original contract, includes the effective date of changes, and confirms that unmodified terms remain in force. It's commonly used for updating payment terms, extending deadlines, adjusting scope of services, or incorporating new legal requirements into existing agreements.
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1. Parties: Identification of all parties to the original contract, including their full legal names, addresses, and any registration numbers
2. Background: Reference to the original contract (including date and title), reason for the addendum, and confirmation that all parties agree to the modifications
3. Definitions: Key terms used in the addendum, particularly any new terms not defined in the original contract
4. Amendments: Precise listing of the specific modifications to the original contract, clearly referencing the sections being modified
5. Effect on Original Agreement: Statement confirming that all other terms of the original contract remain in full force and effect
6. Governing Law: Confirmation that the addendum is governed by Swiss law, consistent with the original contract
7. Execution: Signature blocks for all parties and date of execution
1. Effective Date: Used when the modifications are to take effect on a specific date different from the execution date
2. Representations and Warranties: Include when new representations or warranties are necessary for the modified terms
3. Conditions Precedent: Used when the modifications are subject to certain conditions being met
4. Third Party Consents: Include when modifications require approval from parties not directly involved in the contract
5. Transition Provisions: Used when implementing changes requires a transition period or specific implementation steps
1. Schedule of Amendments: Detailed listing of all modifications, particularly useful for complex changes or multiple amendments
2. Revised Payment Schedule: If the modifications involve changes to payment terms or amounts
3. Updated Technical Specifications: For amendments involving changes to technical requirements or specifications
4. Consent Documents: Copies of any required third-party consents or approvals
5. Comparison Version: Blacklined version showing changes between original and modified versions of affected clauses
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