Side Agreements are essential legal instruments used when parties need to modify, clarify, or supplement terms of an existing agreement without creating an entirely new contract or formally amending the original agreement. Under Irish law, these agreements must be carefully drafted to ensure they effectively integrate with the main agreement while maintaining legal enforceability. A Side Agreement typically becomes necessary when circumstances change, parties wish to make specific arrangements that differ from the main agreement, or when clarification of certain terms is required. The document should clearly reference the main agreement, specify which terms are being modified or clarified, and establish how these changes affect the overall contractual relationship. Common scenarios for using Side Agreements include adjusting payment terms, extending deadlines, clarifying obligations, or addressing specific situations not contemplated in the original agreement.
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1. Parties: Identification of all parties to the side agreement, including their full legal names and addresses
2. Background: Context of the side agreement, including reference to the main agreement and reason for the side agreement
3. Definitions: Key terms used in the agreement, including cross-reference to definitions in the main agreement where applicable
4. Relationship to Main Agreement: Clear statement of how this side agreement relates to and affects the main agreement
5. Modified Terms: Specific terms being modified, added, or clarified through the side agreement
6. Duration: Period for which the side agreement remains in effect
7. Governing Law and Jurisdiction: Confirmation of Irish law governance and jurisdiction for dispute resolution
8. Execution: Signature blocks and execution provisions
1. Confidentiality: Required when the side agreement contains sensitive information not covered by the main agreement's confidentiality provisions
2. Consideration: Needed when the side agreement involves new or modified financial or other valuable considerations
3. Representations and Warranties: Include when parties need to make specific representations regarding the modified terms
4. Conditions Precedent: Required when the side agreement's effectiveness depends on certain conditions being met
5. Third Party Rights: Necessary when the side agreement affects or creates rights for parties not directly signing the agreement
6. Notices: Include if notice requirements differ from the main agreement
7. Amendment Process: Include when specific procedures for future modifications to the side agreement are needed
1. Modified Terms Schedule: Detailed listing of specific terms being modified from the main agreement
2. Financial Terms Schedule: If applicable, schedule detailing any modified financial arrangements or payments
3. Form of Notice: Template for required notices if different from main agreement
4. Authority Documentation: Copies of corporate authorizations or powers of attorney if required for execution
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