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Amended And Restated Agreement
I need an Amended and Restated Agreement to update our existing software licensing agreement with TechCorp Solutions Inc., incorporating new cloud services provisions and updated data protection requirements under Canadian law, with the new agreement to take effect March 1, 2025.
1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and any relevant corporate details
2. Background: Recitals explaining the context of the original agreement, reason for amendment and restatement, and current relationship between the parties
3. Definitions: Comprehensive list of defined terms used throughout the agreement, including both original and new definitions
4. Amendment and Restatement: Clear statement that this agreement amends and restates the original agreement in its entirety
5. Effective Date: Specification of when the amended and restated agreement takes effect
6. Substantive Provisions: Main terms and conditions of the agreement, incorporating both unchanged and modified provisions
7. Representations and Warranties: Updated statements of fact and assurances from each party
8. Covenants: Ongoing obligations and promises of the parties
9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
10. General Provisions: Standard boilerplate clauses including notices, governing law, assignment, and entire agreement provisions
1. Transition Provisions: Used when the amendments require specific arrangements for transitioning from the old to new terms
2. Regulatory Compliance: Include when the agreement is subject to specific regulatory requirements
3. Intellectual Property: Required when the agreement involves IP rights or licenses
4. Confidentiality: Include when parties exchange sensitive information
5. Security Provisions: Used when the agreement involves collateral or security interests
6. Parent Company Guarantees: Include when parent company guarantees are required for performance
7. Change of Control: Add when restrictions on change of control are relevant
8. Force Majeure: Include when specific events beyond parties' control need to be addressed
1. Schedule A - Original Agreement: Copy of the original agreement being amended and restated
2. Schedule B - Comparison Version: Blacklined version showing changes from original agreement
3. Schedule C - Assets or Services: Detailed description of any assets or services covered by the agreement
4. Schedule D - Pricing and Payment Terms: Detailed pricing, payment schedules, and financial terms
5. Schedule E - Performance Metrics: Specific performance requirements and measurement criteria
6. Appendix 1 - Required Notices: Forms and requirements for notices under the agreement
7. Appendix 2 - Corporate Resolutions: Relevant corporate authorizations and resolutions
8. Appendix 3 - Compliance Certificates: Required compliance certificates and forms
Authors
Original Agreement
Amendment Date
Effective Date
Original Effective Date
Parties
Business Day
Applicable Law
Force Majeure
Confidential Information
Intellectual Property Rights
Material Adverse Effect
Representatives
Affiliate
Control
Change of Control
Governmental Authority
Person
Term
Territory
Notice
Losses
Claims
Encumbrance
Business
Permitted Assigns
Default
Event of Default
Interest Rate
Security Interest
Termination Date
Third Party
Working Hours
Canadian Dollars
GST/HST
Provincial Sales Tax
Prior Amendments
Restatement
Consolidated Terms
Surviving Provisions
Interpretation
Definitions
Representations and Warranties
Consideration
Payment Terms
Performance Obligations
Confidentiality
Intellectual Property
Data Protection
Term and Termination
Force Majeure
Assignment
Change of Control
Liability
Indemnification
Insurance
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Amendment
Counterparts
Time of Essence
Further Assurances
Relationship of Parties
Survival
Currency
Taxes
Compliance with Laws
Anti-Corruption
Authority and Capacity
Third Party Rights
Transition Provisions
Financial Services
Technology
Manufacturing
Real Estate
Energy
Healthcare
Transportation
Telecommunications
Mining
Construction
Retail
Professional Services
Agricultural
Entertainment
Education
Legal
Finance
Operations
Compliance
Risk Management
Corporate Secretariat
Business Development
Procurement
Contract Administration
Project Management
Chief Legal Officer
General Counsel
Legal Director
Contract Manager
Commercial Director
Chief Financial Officer
Business Development Manager
Corporate Secretary
Compliance Officer
Risk Manager
Senior Legal Counsel
Operations Director
Project Manager
Procurement Manager
Legal Operations Manager
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