Commentary

28.1 Amendment or variation clauses

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

28.1 Amendment or variation clauses

| Commentary

28: AMENDMENT OR VARIATION

(For amendment or variation clauses see Forms 28.1 [1467], 28.2 [1468] below.)

28.1 Amendment or variation clauses

An amendment clause normally concerns the procedure that the parties or a party must follow if the provisions of an agreement are to be varied1. The parties to an agreement are free, of course, to vary it as they wish, provided all parties give their consent. The aim of an amendment clause is to avoid arguments that the agreement has been varied by the conduct of the contracting parties, by using wording such as:

‘No amendment or variation to this agreement shall

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