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  • Category: Variation agreements

Can it be helpful to state, in a variations clause, that any variations to the agreement need to be made by way of an updated version of the agreement (or, if relevant, schedule or SOW)?

Answer Yes, there can be situations where this is helpful. For example, some kinds of counterparties (e.g., NGOs) may find it difficult to keep track of multiple variations over time

Can it be helpful to state, in a variations clause, that any variations to the agreement need to be made by way of an updated version of the agreement (or, if relevant, schedule or SOW)?

Can we vary a commercial contract we have with a supplier without needing to make the variation a deed? Could consideration be a problem?

Answer The orthodox position is that a variation of contract needs to be supported by consideration just as the original contract needed to be (if not a deed). For most

Can we vary a commercial contract we have with a supplier without needing to make the variation a deed? Could consideration be a problem?
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