mistoke协议(一)
Mistake Agreement
Introduction
This Mistake Agreement (the “Agreement”) is entered
into by and between [Party A’s Full Name] (“Party A”) and
[Party B’s Full Name] (“Party B”), collectively referred
to as the “Parties”.
Background
Party A and Party B have entered into a previous
agreement dated [Date of Previous Agreement] (the “Previous
Agreement”). However, it has been identified that a mistake
occurred in the Previous Agreement relating to [Specify the
mistake briefly].
Terms and Conditions
The Parties hereby agree to the following terms and
conditions:
1. Correction of Mistake: The Parties hereby
acknowledge the mistake as specified above and mutually
agree to correct the mistake in accordance with the
terms and conditions of this Agreement.
2. Amendment of Previous Agreement: The Parties
agree that the Previous Agreement shall be amended to
rectify the mistake as follows:
– [Specify the specific amendment to be made to the
Previous Agreement to rectify the mistake]
3. Effective Date: This Agreement shall become
effective as of the date of its execution by both
Parties.
4. Entire Agreement: This Agreement constitutes
the entire agreement between the Parties regarding the
subject matter hereof and supersedes all prior
negotiations, agreements, understandings, and
representations, whether oral or written.
5. Governing Law: This Agreement shall be
governed by and construed in accordance with the laws of
[Specify the jurisdiction].
6. Amendments: No amendment, modification, or
supplement to this Agreement shall be valid unless made
in writing and duly executed by both Parties.
Counterparts
This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and
all of which together shall be considered one and the same
document. A facsimile or scanned copy of this Agreement shall
be deemed an original for all purposes.
Severability
If any provision of this Agreement is held to be invalid
or unenforceable, the remaining provisions shall continue to
be valid and enforceable to the fullest extent permitted by
law.
Confidentiality
Both Parties agree to keep the terms and conditions of
this Agreement confidential and shall not disclose any
information pertaining to this Agreement to any third party,
except as required by law or with the written consent of the
other Party.
Governing Language
The official language of this Agreement is [Specify the
official language]. In the event of any discrepancy or
inconsistency between the translated versions of this
Agreement, the [Specify the official language] version shall
prevail.
Execution
This Mistake Agreement may be executed in multiple
counterparts, each of which shall be deemed an original and
all of which together shall constitute one and the same
instrument. The Parties represent and warrant that they have
the legal capacity and authority to enter into this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this
Mistake Agreement as of the date first written above.
[Party A’s Full Name] [Party B’s Full Name] Party A
Party B
Representations and Warranties
Both Parties represent and warrant the following:
1. Authority: Each Party has the necessary
authority and power to enter into this Agreement and
fulfill its obligations hereunder.
2. No Conflicts: The execution, delivery, and
performance of this Agreement by each Party do not and
will not conflict with or result in a breach of any
agreement, contract, or obligation to which it is a
party.
3. Legal Compliance: Each Party shall comply with
all applicable laws, regulations, and legal requirements
in relation to the execution, delivery, and performance
of this Agreement.
Indemnification
Each Party shall indemnify and hold harmless the other
Party from and against any and all claims, damages,
liabilities, costs, and expenses, including reasonable
attorney fees, arising out of or in connection with any
breach of this Agreement by the indemnifying Party.
Term and Termination
1. Term: This Agreement shall commence on the
Effective Date and shall remain in effect until the
amendment of the Previous Agreement has been completed.
2. Termination: Either Party may terminate this
Agreement by providing written notice to the other Party
in the event of a material breach of this Agreement by
the other Party, which is not cured within [Specify the
number of days] days of receiving written notice.
3. Survival: The provisions of this Agreement
that, by their nature, should survive termination, shall
survive termination, including but not limited to the
confidentiality, indemnification, and governing law
provisions.
Entire Agreement
This Agreement constitutes the entire agreement between
the Parties concerning the subject matter hereof and
supersedes all previous negotiations, understandings, and
agreements, whether oral or written.
Counterparts
This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and
all of which together shall constitute one and the same
instrument.
Severability
If any provision of this Agreement is held to be invalid,
illegal, or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not be
affected or impaired.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in
accordance with the laws of [Specify the jurisdiction],
without regard to its conflict of law principles. Any
disputes arising out of or in connection with this Agreement
shall be submitted to the exclusive jurisdiction of the
courts of [Specify the jurisdiction].
Execution
This Agreement may be executed in counterparts, each of
which shall be deemed an original, and all of which together
shall constitute one and the same agreement.
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