Addendum Example

The addendum example to legal publication agreement modifies and supplements the agreement. A listing of authors comprises the second part of the addendum to Publication Agreement.

The part of the addendum to publication agreement covers conflict between the Addendum and the Publication Agreement, and provisions to the Addendum third guiding how the Publication Agreement will be construed. Terms and conditions to the Publication Agreement are the most substantial addendum to Author and Publisher agreement.

How to write a contract addendum

An addendum is a document that modifies the terms of existing contract with assent of both parties in part to the addendum. Modifications alter an existing contract. Changes not incorporated to an existing contract either through writing, are an amendment document.

Writing your contract addendum

Formal addendum should be in a style consistent with the original contract, clearly and transparently evidenced between the two documents. Specification of the parties of the contract, date upon of effectivity, and place where formation is assented must be consistent with the original contract.

Addendum, modifications should outline clear terms and conditions describing changes to the original contract. The signature block should include the date of the effectivity of the contract with lines for signatures by all contracting parties. Notary of an addendum contract should be visible in relation to signatory of all contracting parties when the contract is notarized.

Understanding the Law related to addendum

The addendum must comply with the original contract terms. Contracting parties must read the terms and conditions to existing contract before assenting to the addendum for it to be valid and enforceable. The contract of addendum must adhere to the requirements of rule of law for it to be fully enforceable.

Ensuring addendum is enforceable

Mutual assent to a contract addendum validates authorization of its use and enforcement. All parties to a contract must fully understand and assent to the terms and conditions of the agreement. Signature of an addendum by all the original contract parties is adequate material basis for an additional exchange of consideration to be enforceable. However, the same rule does not always apply to trade contracts between merchants where a bargained for exchange of goods is underway. The latter is substantive to commercial contract law governed by the “Uniform Commercial Code” (UCC).

Addendum to Agreement between Barnard College and any third party Vendor or Consultant

Sample Addendum attachment to third party Vendor agreements brings an Agreement into compliance. The following clauses exhibit standard terms and conditions, including rules to modification of a Barnard College third party contract:

Clauses included in the Addendum between Barnard College and any third-party Vendor or Consultant

An Addendum can be attached to third party agreements to bring the Agreement into compliance with Barnard College standard terms and conditions

In the Assignment section of the addendum, mutual assent in writing is required for modification of an Agreement.

In the Governing Laws section of the addendum, disputes regarding construction and interpretation of parties’ obligations under the Agreement, shall be governed by the laws of New York State, notwithstanding state rules to the contrary.

In the Confidentiality of Information section of the addendum, all information must be kept confidential from third parties. This includes any information held by the college that might be pursuant to, or learned by a party, during the course of the Agreement, unless the party has received the prior written consent from the College to disclose that information.

The Entire Agreement section of the addendum contains the full agreement binding parties to rules to modification of the Agreement, and that any changes must be in writing, signed and affirmed by all contract parties.

Force majeure section of the addendum constitutes where either party is unable to perform its obligations under the signed agreement as result of a force majeure, liability of both parties ends, with no consequential damages resulting from non-performance.

The Indemnification section of the addendum states that third parties shall indemnify and hold harmless Barnard, its officers, current and former trustees, employees, agents and representatives from all claims, damages, liabilities, losses, and compensatory remedies, including attorney’s fees and costs that may arise from the intentional or negligent acts or omissions in the performance of a party, its agents, employees, or subcontractors and consultants in the event that the College is allegedly negligent or found to be partially negligent by the court.

The Limitation of Liability section states that no part of the Agreement addendum shall limit the liability of the third party under law or by custom.

Under the Names and Trademarks section, no party to the Agreement shall, without express written consent in all cases, use or designate any name, trade name, trademark of third parties in advertising, publicity, promotional, or similar activities.

In the Conflicts section, the third party must affirm that no trustee, officer, employee or any other person affiliated with Barnard College in the Agreement, is affiliated with the third parties. All third parties must also affirm that no promise or anything of value was received in connection to, or as concession to, the assented to performance stated in the agreement.

In the Tax Exemption section, Barnard College tax-exempt entity status is acknowledged, with the third party agreeing to use value of exemptions to the maximum benefit of the College.

Under the Compliance with Laws/Policies section, third parties assent to comply with all federal, state and local rules, as well as Barnard College institutional policies applicable to performance agreement, and not limited to those relating to equal employment opportunity, non-discrimination, and affirmative action.

Stated in the Non-waiver section that College or a contract party’s failure to insist upon the performance of any term of the Agreement shall not be construed as a waiver of that party’s present or future right to such performance and each Party’s obligations in the agreement shall continue to be in full force and effect.

In the Notice section of the agreement it is stipulated that any notice under the Agreement shall be in writing, and be delivered in person, or by private or public courier services, or certified mail with return receipt by facsimile. All notices shall be addressed to the parties at the addresses of record in the Agreement, or at the addresses on record at the time of the addendum writing.

Ownership section states any, and all works created by the contract party pursuant to the Agreement, shall be deemed works made for hire, and all copyrights without limitation shall belong to, and shall be the exclusive property of Barnard College. The contract party shall also execute all documentation pertaining to a work, and perform all such other acts as Barnard College requires to secure designation of all rights as assigned in the agreement.

The Independent Contractor section stipulates that the contract party is not an employee or agent of Barnard College and is solely responsible for any unemployment or disability insurance payments, or other payments required by Federal, State or local law with respect to any sums paid by Barnard College as part of the agreement. Third parties are not entitled Barnard College benefits of any nature as part of the Agreement, whatsoever.

Tax Exemption section of the Agreement recognizes Barnard College as a tax-exempt entity; and states that contracting parties, including third parties, shall take all steps to ensure that exemptions benefit the College.

The No Authority section of the Agreement states that the contracting parties shall have no authority to create obligations, make commitments, incur indebtedness, take action, or enter into any agreement that binds Barnard College during the course of contract, or hereinafter.

In the Severability section of the Agreement, the contract states that the terms are severable if it is determined that any term or provision is illegal, void, or unenforceable in a court jurisdiction where performance is bound. The remainder of the provisions continue to be valid and enforceable.

Managing Amendments on an addendum

Under U.S. federal contract law, agreements may undergo multiple amendments. Parties of the contract are encouraged to number each amendment and maintain record of those modifications with the original agreement as a reference. The foregoing references the Barnard College addendum to agreement in a law school admissions scenario.

How to Write an Effective Addendum to Law School

The addendum is written to address changes to contract, meeting the legal obligation of alterations to performance obligation by the party(s) who are signatory to an agreement. Written modifications are preferable to verbal modifications, as terms and conditions, and assent by the contract parties is on record. For example, an applicant to law school may request addendum to the student admissions record in a non-disclosure agreement. While law schools protect student information under FERPA, additional limits to institutional disclosure of student record may be requested in writing. Writing an effective addendum to a law school requires meeting federal contract law criteria to modifications, in address of terms and conditions to contract.

The Criminal Conviction Addendum

An addendum to criminal convictions clauses to contract with employers or education institutions, limits disclosure of misdemeanor and felony record, including the disclosure of convictions other than minor traffic violations. Exception are those criminal convictions are those legal cases dismissed or expunged now no longer a matter of “disclosure,” as they were erased by the courts or the U.S. Department of Justice and no longer persist on record.

The Medical Issue Addendum

The medical issues clause provides an example of an addendum that may be attached to a law school application, to affirm that a special circumstance impacted a student’s academic career, as described in his or her Personal Statement.

The GPA Addendum

Record of student grade performance prior to law school application may be described in a GPA addendum providing rationale for circumstances that may have created unusual conditions affecting a student’s GPA.

The LSAT Score Addendum

A LSAT score addendum should indicate any interference or other circumstance affecting the record of the applicant’s score

The final recommendation to writing an effective addendum to a law school application is illustrated in the summation of the document in its conclusion. A concise restatement of the facts outlined in the addendum, without any unnecessary statements, provides an adequate and substantial modification to the original admissions agreement.

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