The Additional Agreement is a crucial legal instrument in South African commercial practice, used when parties need to modify their existing contractual arrangements without completely restating or replacing the original agreement. This document type is particularly valuable when parties wish to make specific changes, add new terms, or update certain provisions while preserving the broader framework of their original contract. An Additional Agreement can be employed across various situations, from simple term modifications to complex contractual adjustments, and must comply with South African contract law principles, including requirements for valid amendments and proper execution. It's commonly used in both corporate and commercial contexts, offering a streamlined approach to contract modification while maintaining legal certainty and enforceability.
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1. Parties: Full legal names and details of all parties to the additional agreement, which must match or be legal successors to the original agreement parties
2. Background: Identifies the original agreement, its date, and explains the need for this additional agreement
3. Definitions: Defines key terms used in the additional agreement and incorporates definitions from the original agreement as applicable
4. Interpretation: Establishes how this additional agreement relates to and should be read with the original agreement
5. Amendments: Clearly sets out all modifications, additions, or deletions to the original agreement
6. Effect of Additional Agreement: Confirms that all other terms of the original agreement remain in full force and effect except as modified by this agreement
7. Costs: Specifies who bears the costs of preparing and implementing the additional agreement
8. Governing Law: Confirms South African law governs the additional agreement
9. Signature: Execution clause and signature blocks for all parties
1. Effective Date: Include when the additional agreement takes effect on a date other than signature date
2. Conditions Precedent: Include when the additional agreement's effectiveness depends on certain conditions being met
3. Representations and Warranties: Include when parties need to make new or updated representations
4. Ratification: Include when previous actions need to be formally approved or confirmed
5. Third Party Rights: Include when amendments affect the rights of third parties to the original agreement
6. Dispute Resolution: Include when different dispute resolution procedures apply to matters under the additional agreement
1. Schedule 1 - Original Agreement: Copy of the original agreement being modified
2. Schedule 2 - Amended Clauses: Clean version of all amended clauses in their final form
3. Schedule 3 - Comparison Version: Track-changes or comparison showing all modifications to original text
4. Schedule 4 - Corporate Approvals: Copies of relevant corporate authorizations if required
5. Schedule 5 - Supporting Documents: Any additional documents referenced in or required by the additional agreement
Relevant legal definitions
Additional Agreement
Original Agreement
Effective Date
Amendment Date
Parties
Original Parties
Modified Terms
Existing Terms
Amendments
Business Day
Governing Law
Implementation Date
Modified Provisions
Original Terms
Recitals
Schedules
Signature Date
Variation
Writing
Electronic Signature
Annexures
Authorised Representatives
Consent
Material Terms
Surviving Provisions
Original Agreement
Effective Date
Amendment Date
Parties
Original Parties
Modified Terms
Existing Terms
Amendments
Business Day
Governing Law
Implementation Date
Modified Provisions
Original Terms
Recitals
Schedules
Signature Date
Variation
Writing
Electronic Signature
Annexures
Authorised Representatives
Consent
Material Terms
Surviving Provisions
Clauses
Parties
Definitions
Interpretation
Amendment
Variation
Modification
Duration
Effectiveness
Implementation
Conditions Precedent
Representations and Warranties
Costs
Notices
Authority
Entire Agreement
Severability
Governing Law
Jurisdiction
Dispute Resolution
Electronic Communications
Counterparts
Legal Compliance
Ratification
Third Party Rights
Further Assurance
Signature
Definitions
Interpretation
Amendment
Variation
Modification
Duration
Effectiveness
Implementation
Conditions Precedent
Representations and Warranties
Costs
Notices
Authority
Entire Agreement
Severability
Governing Law
Jurisdiction
Dispute Resolution
Electronic Communications
Counterparts
Legal Compliance
Ratification
Third Party Rights
Further Assurance
Signature
Relevant Industries
Financial Services
Manufacturing
Mining
Technology
Telecommunications
Real Estate
Construction
Retail
Healthcare
Agriculture
Energy
Professional Services
Transport and Logistics
Education
Relevant Teams
Legal
Compliance
Commercial
Procurement
Business Development
Operations
Finance
Risk Management
Corporate Secretariat
Contract Administration
Relevant Roles
Legal Counsel
Contract Manager
Commercial Director
Chief Legal Officer
Business Development Manager
Procurement Manager
Corporate Secretary
Compliance Officer
Risk Manager
Operations Director
Project Manager
Account Executive
Chief Financial Officer
Managing Director
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