Amended And Restated Agreement Template for Germany

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Amended And Restated Agreement

I need an Amended and Restated Agreement under German law to update our existing software licensing agreement with our Munich-based technology partner, incorporating new usage rights and updating the payment terms to reflect our expanded cooperation starting March 2025.

Document background

The Amended And Restated Agreement is utilized when parties to an existing contract need to make substantial modifications while maintaining the continuity of their legal relationship under German law. This document type is particularly valuable when multiple amendments have accumulated over time, making reference to the current state of obligations complicated. It incorporates all previous amendments, updates, and modifications into a single, coherent document that replaces the original agreement while preserving the original contract's core purpose. The agreement must comply with German civil law requirements, particularly the BGB's provisions regarding contract modifications and the documentation of commercial relationships. It's commonly used in complex business transactions, long-term commercial relationships, or when regulatory changes necessitate substantial updates to existing agreements.

Suggested Sections

1. Parties: Identification of all contracting parties with full legal names and addresses

2. Background: Context of the original agreement and reasons for amendment and restatement

3. Definitions: Definitions of terms used in the agreement, including terms from the original agreement that remain applicable

4. Amendment and Restatement: Express provision stating that this agreement amends and restates the original agreement in its entirety

5. Effective Date: Specification of when the amended and restated provisions take effect

6. Subject Matter: Main substance of the agreement, incorporating both original and amended terms

7. Consideration: Statement of consideration for the amendment and restatement

8. Rights and Obligations: Detailed description of parties' rights and obligations under the amended agreement

9. Payment Terms: Updated financial terms and payment conditions

10. Term and Termination: Duration of the agreement and conditions for termination

11. Representations and Warranties: Updated statements of fact and guarantees by the parties

12. Confidentiality: Provisions regarding confidential information

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

14. Notices: Updated procedures for formal communications between parties

15. Entire Agreement: Confirmation that this document supersedes all previous versions

Optional Sections

1. Change Control: Procedures for future amendments - include if frequent changes are anticipated

2. Force Majeure: Provisions for unforeseen circumstances - important for long-term or high-risk contracts

3. Intellectual Property: IP rights and obligations - include if IP is relevant to the agreement

4. Data Protection: GDPR and German data protection provisions - include if personal data is processed

5. Assignment: Rights to transfer the agreement - include if transfer rights are important

6. Insurance: Insurance requirements - include for high-risk or regulated activities

7. Compliance with Laws: Specific regulatory compliance - include for regulated industries

8. Dispute Resolution: Alternative dispute resolution procedures - include if arbitration is preferred over court jurisdiction

Suggested Schedules

1. Schedule 1 - Original Agreement: Copy of the original agreement being amended

2. Schedule 2 - Amendment History: Summary of all previous amendments and their effective dates

3. Schedule 3 - Comparison Version: Redline showing changes from original to amended version

4. Schedule 4 - Service Levels: Updated performance metrics and service standards if applicable

5. Schedule 5 - Pricing: Detailed pricing structures and calculations

6. Schedule 6 - Technical Specifications: Updated technical requirements or specifications

7. Appendix A - Contact Details: Updated contact information for all parties and key personnel

8. Appendix B - Required Forms: Any standardized forms required under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Manufacturing

Technology

Financial Services

Telecommunications

Healthcare

Automotive

Energy

Real Estate

Professional Services

Retail

Distribution

Software

Construction

Pharmaceuticals

Industrial Services

Relevant Teams

Legal

Compliance

Commercial

Procurement

Business Development

Finance

Operations

Risk Management

Corporate Affairs

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Chief Legal Officer

Compliance Officer

Business Development Manager

Commercial Director

Procurement Manager

General Manager

Chief Executive Officer

Chief Financial Officer

Project Manager

Account Manager

Operations Director

Risk Manager

Corporate Secretary

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Let's create your Amended And Restated Agreement

Authors

Alex Denne

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