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.