Deed of Variation (Template)

You might also like

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 8

DATED

------------

DEED OF VARIATION OF CONTRACT

[Global Real Property Ltd/Retrofitting Retail Contractors Limited]

Party 1

and

Party 2

and

Party 3
CONTENTS
____________________________________________________________
CLAUSE
1. [Terms defined in the Agreement].......................................................................................................2
2. Variation..............................................................................................................................................3
3. [Guarantor's consent to variation]........................................................................................................3
4. [Conformed copy]................................................................................................................................3
5. Governing law.....................................................................................................................................3
6. Jurisdiction..........................................................................................................................................4

SCHEDULE
Schedule 1 [[Original OR Varied OR Conformed] Agreement].........................................................5

1
This deed is dated [1st day of August 2021]

Parties

(1) GLOBAL RETAIL PROPERTY LTD incorporated and registered in England and Wales with
company number 1234567 whose registered office is at Blair Drive, London, SW1 8DS (the
“Developer”)
(2) RETROFITTING RETAIL CONTRACTORS LIMITED incorporated and registered in England
and Wales with company number 2345678 whose registered office is at Greta Boulevard,
London, N3 8BF (the “Contractor”)

BACKGROUND

(A) The Developer and The Contractor are parties to an agreement for the Contractor to carry out all
building and construction works required to develop the retail units listed in Schedule 1 (Retail
Units) of this contract to meet the exact specifications listed against each retail unit in Schedule 2
(Schedule of Works to be carried out in respect of each Retail Unit) dated 1st day of August 2021
(Agreement)[, a copy of which is attached as Schedule 1 to this deed].
(B) The Developer is of the opinion that the Contractor has the necessary qualifications experience
and abilities to provide services to the Developer. The Contract is agreeable to providing such
services to the Developer on the terms and conditions set out in the Contract. Consequently, the
parties wish to amend the Agreement as set out in this deed with effect from the date of this deed
(Variation Date).

Agreed terms

1. [Terms defined in the Agreement]

In this deed, expressions defined in the Agreement and used in this deed have the meaning set out
in the Agreement. The rules of interpretation set out in the Agreement apply to this deed.

2. Variation

2.1 [With effect from the Variation Date the parties agree to amend the Agreement as shown in the
copy of the Agreement attached as Schedule 1 to this deed, where deletions to the original
contract are shown in [struck through] text and additions are shown in [underlined] text.

OR

2
With effect from the Variation Date the Parties agree the following amendments to the
Agreement:

a) Clause [NUMBER] The entire text of Clause [NUMBER] is deleted and replaced with the
deleted: words “Not used”.

b) Clause [NUMBER] This clause is inserted into the agreement: [NEW CLAUSE].
added:

c) Clause [NUMBER] This clause is amended to read as follows: [AMENDED CLAUSE IN


amended: FULL].]

2.2 Except as set out in 22.1, the Agreement shall continue in full force and effect.

3. [Guarantor's consent to variation]

The Guarantor consents to Party 2 entering into this deed. The Guarantor agrees that its guarantee
and other obligations under the [Agreement OR Guarantee] remain fully effective and:
(a) apply to the Agreement as varied by this deed; and
(b) subject to clause 3(a), are not released nor diminished by any provision of this deed.

4. [Conformed copy]

The parties acknowledge that the Agreement as amended by this deed shall be read and construed
as the same appears as a conformed copy attached in Schedule 1 to this deed.

5. Governing law

This deed and any dispute or claim (including non-contractual disputes or claims) arising out of
or in connection with it or its subject matter or formation shall be governed by and construed in
accordance with the law of England and Wales.

6. Jurisdiction

6.1 Each party irrevocably agrees that the courts of England and Wales shall have [exclusive OR
non-exclusive] jurisdiction to settle any dispute or claim (including non-contractual disputes or
claims) arising out of or in connection with this deed or its subject matter or formation.

6.2 [PARTY 2] irrevocably appoints [NAME] of [ADDRESS] [FAX NUMBER] as its agent to
receive on its behalf in England or Wales service of any proceedings under 36.1 above. Such
service shall be deemed completed on delivery to such agent (whether or not it is forwarded to
and received by [PARTY 2]) and shall be valid until such time as [PARTY 1] has received prior
written notice that such agent has ceased to act as agent. If for any reason such agent ceases to be
able to act as agent or no longer has an address in England or Wales, [PARTY 2] shall forthwith

3
appoint a substitute acceptable to [PARTY 1] and deliver to [PARTY 1] the new agent's name
and address [and fax number] within England and Wales.
This document has been executed as a deed and is delivered and takes effect on the date stated at the
beginning of it.

4
Schedule 1 [[Original OR Varied OR Conformed] Agreement]

5
Executed as deed by [NAME OF Party 1] acting by [NAME OF ………………
FIRST DIRECTOR], a director, and [NAME OF SECOND
[SIGNATURE OF FIRST
DIRECTOR/SECRETARY], [a director OR its secretary]
DIRECTOR]
Director
………………
[SIGNATURE OF SECOND
DIRECTOR OR
SECRETARY]
Director OR Secretary

OR
Executed as deed by [NAME OF Party 1] acting by [NAME OF ……………….
DIRECTOR] a director, in the presence of:
[SIGNATURE OF
…………………… DIRECTOR]
[SIGNATURE OF WITNESS] Director
[NAME, ADDRESS [AND OCCUPATION] OF WITNESS]
Executed as deed by [NAME OF Party 2] acting by [NAME OF ………………
FIRST DIRECTOR], a director, and [NAME OF SECOND
[SIGNATURE OF FIRST
DIRECTOR/SECRETARY], [a director OR its secretary]
DIRECTOR]
Director
………………
[SIGNATURE OF SECOND
DIRECTOR OR
SECRETARY]
Director OR Secretary

OR
Executed as deed by [NAME OF Party 2] acting by [NAME OF ……………….
DIRECTOR] a director, in the presence of:
[SIGNATURE OF
…………………… DIRECTOR]
[SIGNATURE OF WITNESS] Director
[NAME, ADDRESS [AND OCCUPATION] OF WITNESS]

6
Executed as deed by [NAME OF Guarantor] acting by [NAME ……………….
OF FIRST DIRECTOR], and [NAME OF SECOND
Director
DIRECTOR/SECRETARY]
……………….
Director/Secretary
OR
Signed as deed by [NAME OF Guarantor] in the presence of ……………….
[NAME OF WITNESS]
[SIGNATURE OF Guarantor]
……………….
[SIGNATURE OF WITNESS]
……………….
……………….
[ADDRESS OF WITNESS]
Signed as deed by [NAME OF Guarantor] in the presence of ……………….
[NAME OF WITNESS]
[SIGNATURE OF Guarantor]
……………….
[SIGNATURE OF WITNESS]
……………….
……………….
[ADDRESS OF WITNESS]

You might also like