The Addendum To Agreement is a critical legal instrument in Swiss contract law used when parties need to modify an existing agreement without drafting an entirely new contract. This document type is particularly relevant when circumstances change after the original agreement's execution, requiring updates to specific terms, conditions, or obligations. Under Swiss law, addenda must maintain consistency with the original agreement's form requirements and comply with the Swiss Code of Obligations. The document is commonly used for various modifications, including changes to commercial terms, timelines, scope of services, or party details. An Addendum To Agreement must clearly reference the original agreement and specify exactly which provisions are being modified, added, or removed, while explicitly stating that all other terms remain unchanged.
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1. Parties: Identification of the parties to the addendum (must match the original agreement)
2. Background: Reference to the original agreement (including date and title) and context for why modifications are needed
3. Definitions: Key terms used in the addendum, including reference to definitions in the original agreement
4. Amendments: Clear statement of modifications to the original agreement, typically numbered by reference to original sections
5. Effect on Original Agreement: Statement that all other terms of the original agreement remain in full force and effect
6. Governing Law: Confirmation that Swiss law continues to govern (should match original agreement)
7. Execution: Signature blocks for all parties
1. Effective Date: Specific section stating when the modifications take effect, if different from signing date
2. Interpretation: Rules for interpreting the addendum in conjunction with the original agreement, used when complex modifications are made
3. Representations and Warranties: Additional confirmations by parties, needed if modifications affect fundamental aspects of the agreement
4. Third Party Rights: Statement about impact on third party rights, needed if modifications affect third party beneficiaries
5. Language: Required for multilingual addenda or if original agreement had language provisions
6. Counterparts: Include if parties may sign in separate copies
1. Schedule of Amendments: Detailed listing of all modifications, particularly useful for complex changes
2. Revised Price List: If modifications include pricing changes
3. Modified Timeline: If modifications affect project schedules or delivery dates
4. Comparison Version: Redline showing changes against original agreement sections
5. Consent Documents: Any required third-party consents to the modifications
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