When using a contract amendment to change the terms of an existing agreement, it is important to make sure that the amendment follows the legal formalities established in that underlying agreement.
For example, an underlying contract might specify certain requirements to amend a contract, such as providing notice to the other party of the intention to modify the contract within a certain period of time. Such contractual formalities must be met in order for a contract amendment to be legally enforceable and valid.
If a contract includes an “entire agreement” or “amendment” provision, that section is likely the part of the agreement that will spell out the legal formalities required to make an amendment valid and legally binding on all parties.
Some states may have additional requirements to amend certain types of contracts. These may include a requirement to have witnesses to the contract execution (watching the parties sign and then signing themselves) or a requirement that the parties’ signatures be notarized.
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