Pradeep (Advocate) 21 July 2011

Amending Multiple Agreements

hi all,

i want to draft an agreement that amends the multiple existing agreements. please go through the facts below and let me know how do i start with. I represent Company "A"

company A is a multinational with 1000+ subsediaries worldwide. it has been in business transction with Company B, which is a small firm, providing IT solutions. there are more than 200 agreements between company A and B in different states of the United States under different account numbers, regarding theIT services, but all of them contain different pricing arrangements.

Now 5 months back, Company A has acquired Company B and company B became the wholly owned subsediary of Company A. hence both of them do not wish to create confusions to their accounts team by having multiple pricing terms in multiple agreements.

Company A wants me to draft a single national pricing agreement, that amends only the pricing and payment terms contained in these agreements, keeping the other terms unchanged.

please advice, how can i structure my amendment agreement. also advice as to a good preamble language.

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4 Replies

Daksh (Student) 21 July 2011

Dear Pradeep,

In my humble opinion there could be two options one by way of Rectification Deed and another by way of Common Addendum for this purpose but still this should encompass the broad details of the Agreements in details.

Best Regards

Daksh

Ashok Yadav (Lawyer) 21 July 2011

You should draft a new agreement which will be executed between company A & B. In that agreement you should insert a clause that this agreement will supersede all the previous agreements executed between both the companies. You should indicate new same price for each and every state in this new agreement, but you will have to take care of the terms and conditions which were described in these all agreements.

You will have to see whether all the agreements contains same terms and conditions or these are diff. in each state. If the conditions are same then it will not be a problem but if the conditions will diff. in all these states then you will have to take care of all these terms and conditions in new agreement., you will have to describe all terms and conditions state wise (if diff.).

himanshu harbola (Comp. Sec.) 25 July 2011

just add a addendum agreement.......that will suffice the issue.......

K. GOPALAKRISHNAN (ADVOCATE) 27 July 2011

As stated by Mr. Ashok Yadav, you must ensure that all the agreements contain similar clauses. Supposing, if one or all the clauses are different from one and another, it would be cumbersome work for you. You may draw an agreement, stating that the present agreement is " part and parcel of all the agreements and to be read along with the other agreements" and you also require to mention the details of the all other documents in a tabular column, so it would be easily referred to.