What to do about a contract and an amendment to it?
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What to do about a contract and an amendment to it?
The original agreement was executed 2 years ago, and the 1st amendment to add additional services was executed 1 year ago. They now want to cancel the original agreement services but continue with the services detailed in the 1st amendment. What process needs to happen to make this binding?
Asked on May 15, 2015 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Either a completely new contract, which states that it replaces the earlier contract and amendment; or a second amendment to the contract, which states that it cancels the original agreement but that the first amendment remains in effect. It can be done either way. I recommend a single, new contract setting out the services, costs, rights, etc.--it is cleaner and less prone to interpretation errors than multiple amendments.
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