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EFFECT,
MODIFICATION, TERM AND SEVERABILITY
Effect
Modification
Termination
Severability
Effect
This article states that the agreement does
not come into effect until it is signed by the parties.
Modification
Any modification, addition or alternative
provisions to the agreement should only be made in writing and agreed by all
parties.
Termination
The period of one month proposed in this
clause regarding termination notice may be extended by the parties. It is
not advised to reduce it as it is considered as a minimum.
The Terminatiom Clause provides that some
rights and obligations relating to the agreement are of fundamental
importance and should remain in effect following termination of the
agreement.
Severability
A paragraph should be inserted to prevent a
party from terminating the agreement simply because one clause has become
invalid. It is also intended to prevent parties from terminating an
agreement to avoid certain obligations.
Sample clauses:
- Effect.
The Agreement shall be effective from the date on which it is signed by
the Parties.
- Modification. Where required,
additional or alternative provisions to the Agreement including
modification to the User Manual, agreed in writing by the Parties,
will be considered as part of the Agreement upon the signature on
behalf of the Parties by the original signatories or their authorized
representatives.
- Termination. Any Party may
terminate the Agreement by giving not less than ...[one] month's
notice either by registered post or by any other means (e.g. by an
Electronic Data Interchange Message) agreed between the Parties.
Ter-mination of the Agreement shall only affect Electronic Data
Interchange (including Electronic Mail) transactions after that date.
Notwithstanding termination for any reason, the rights and obligations
of the Parties referred to in Clauses ADMISSIBILITY IN EVIDENCE OF
ELECTRONIC DATA INTERCHANGE MESSAGES, SECURITY, PROTECTION OF IN-
CONFIDENCE INFORMATION, DATA-LOG RECORDING AND STORAGE AND
RECONCILIATION OF ELECTRONIC DATA INTERCHANGE MESSAGES, DISPUTE
RESOLUTION and APPLICABLE LAW shall remain in effect.
- Severability. Should any clause
or part of a clause of the Agreement be deemed invalid, all other
clauses shall remain in full force and effect [and the Parties shall
agree on a substitute provision]. All annexes to this Agreement shall
be an integral part of the Agreement.
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