Amended Settlement Agreement for Germany

Amended Settlement Agreement Template for Germany

This document is a legally binding amendment to an existing settlement agreement, drafted under and governed by German law (Deutsches Recht). It modifies specific terms of the original settlement while maintaining the validity of unaffected provisions. The document incorporates necessary elements required under German civil law, including clear identification of amended terms, confirmation of continuing provisions, and any new considerations. It must comply with the formal requirements of the German Civil Code (BGB), particularly §§ 311 and 779, regarding contract modifications and settlement agreements.

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What is a Amended Settlement Agreement?

An Amended Settlement Agreement is utilized when parties need to modify terms of an existing settlement agreement while maintaining the core settlement structure. This document type is particularly relevant under German law, where formal requirements for contract modifications must be strictly observed. It's commonly used when circumstances change after the original settlement, requiring adjustments to payment terms, performance obligations, or deadlines. The document must clearly delineate which provisions are being modified and confirm the continued validity of unchanged terms. Key considerations include compliance with German Civil Code requirements for both settlements (Vergleich) and contract modifications. The amendment should be precise in its language to avoid any ambiguity about the scope of changes and their effect on the original agreement.

What sections should be included in a Amended Settlement Agreement?

1. Parties: Identification of all parties to the amended settlement agreement, including their full legal names, addresses, and registration details if applicable

2. Background (Präambel): Context of the original settlement agreement, including its date and purpose, and the reasons for the current amendment

3. Definitions: Key terms used in the agreement, including both original definitions that remain relevant and any new definitions specific to the amendment

4. Amendment Scope: Clear specification of which provisions of the original settlement agreement are being modified

5. Amended Terms: Detailed description of the new or modified terms, clearly stating both the original and new versions

6. Confirmation of Other Terms: Explicit confirmation that all other terms of the original settlement agreement remain in full force and effect

7. Representations and Warranties: Statements by the parties confirming their authority to enter into the amendment and their continued commitment to the settlement

8. Effective Date and Execution: Specification of when the amendments take effect and execution requirements

9. Governing Law and Jurisdiction: Confirmation of German law as governing law and specification of jurisdiction for disputes

What sections are optional to include in a Amended Settlement Agreement?

1. Additional Consideration: Include if there is any new or additional consideration being provided as part of the amendment

2. Confidentiality: Include if new confidentiality terms are needed or existing ones need modification

3. Tax Implications: Include if the amendments have specific tax consequences that need to be addressed

4. Dispute Resolution: Include if the original dispute resolution mechanism is being modified or if new provisions are needed

5. Third Party Rights: Include if the amendments affect or create rights for third parties

6. Costs and Expenses: Include if there are specific provisions about who bears the costs of the amendment process

What schedules should be included in a Amended Settlement Agreement?

1. Original Settlement Agreement: Copy of the original settlement agreement being amended

2. Comparison Version: Redline or comparison showing the changes between original and amended versions

3. Corporate Authorizations: Any required corporate resolutions or authorizations for the amendment

4. Payment Schedule: If payment terms are being modified, a detailed schedule of new payment terms

5. Amended Exhibits: Any exhibits from the original agreement that are being modified

6. Translation Certificate: If required, certified translations of the amendment into other relevant languages

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

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Manufacturing

Financial Services

Technology

Real Estate

Construction

Healthcare

Energy

Automotive

Professional Services

Retail

Telecommunications

Insurance

Transportation & Logistics

Relevant Teams

Legal

Compliance

Finance

Executive Management

Risk Management

Operations

Corporate Governance

Business Development

Treasury

Dispute Resolution

Relevant Roles

Legal Counsel

General Counsel

Managing Director

Chief Executive Officer

Chief Financial Officer

Compliance Officer

Risk Manager

Contract Manager

Business Development Manager

Head of Legal

Settlement Officer

Dispute Resolution Manager

Corporate Secretary

Finance Director

Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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