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NCH Section 10

  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.


Content last modified
10/4/2000 11:16:30 AM
by TK
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