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Variation Agreement for the Netherlands

Variation Agreement Template for Netherlands

A Variation Agreement under Dutch law is a formal legal document used to modify, amend, or vary the terms of an existing agreement between parties. It operates within the framework of the Dutch Civil Code (Burgerlijk Wetboek) and must comply with Dutch contract law principles, particularly those relating to contract modification and the requirements of reasonableness and fairness (redelijkheid en billijkheid). This document clearly specifies which terms of the original agreement are being modified, the nature of those modifications, and confirms that all other terms remain unchanged. It serves as a legally binding addendum to the original agreement, ensuring clarity and certainty in the contractual relationship.

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What is a Variation Agreement?

The Variation Agreement is a crucial legal instrument used in Dutch business practice when parties need to modify an existing contractual arrangement without creating an entirely new agreement. This document type is particularly relevant when circumstances change after the original contract execution, requiring adjustments to specific terms while maintaining the overall contractual framework. The Variation Agreement must comply with Dutch law requirements and typically includes detailed references to the original agreement, specific modifications being made, and confirmations about the continuing validity of unchanged terms. It's commonly used for updating pricing terms, extending deadlines, modifying scope of services, or adjusting other contractual obligations. The document's format and content should align with Dutch legal principles, particularly those found in the Burgerlijk Wetboek regarding contract modification.

What sections should be included in a Variation Agreement?

1. Parties: Identification of all parties to the original agreement and the variation agreement

2. Background: Recitals explaining the context of the original agreement, reason for variation, and confirmation that other terms remain unchanged

3. Definitions: Definitions of key terms, including reference to definitions in the original agreement and any new terms introduced

4. Variation: Clear statement of the specific clauses being varied and their new content

5. Effective Date: Specification of when the variations take effect

6. Confirmation: Confirmation that all other terms of the original agreement remain in full force and effect

7. Governing Law: Confirmation that the agreement remains governed by Dutch law

8. Counterparts: Provision for execution in counterparts if required

9. Execution: Signature blocks for all parties

What sections are optional to include in a Variation Agreement?

1. Costs: Include when there are specific costs associated with implementing the variation that need to be allocated between the parties

2. Third Party Rights: Include when the variation affects rights of third parties under the original agreement

3. Further Assurance: Include when additional actions may be required to give effect to the variation

4. Entire Agreement: Include when you need to clarify the relationship between original agreement, previous variations, and this variation

5. Severability: Include when the variation is complex and there's a risk that parts may be found invalid

What schedules should be included in a Variation Agreement?

1. Schedule 1 - Original Agreement: Copy of the original agreement being varied

2. Schedule 2 - Marked-up Variations: Track-changed version showing the specific modifications to the original agreement

3. Schedule 3 - Clean Version: Clean version of the relevant clauses as they will read after the variation

4. Schedule 4 - Required Consents: Copies of any third-party consents required for the variation

5. Schedule 5 - Supporting Documents: Any additional documents referenced in or required to give effect to the variation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions

























Clauses


















Relevant Industries

Financial Services

Real Estate

Construction

Technology

Manufacturing

Energy

Healthcare

Retail

Transportation

Professional Services

Telecommunications

Agriculture

Education

Hospitality

Relevant Teams

Legal

Commercial

Finance

Procurement

Operations

Risk & Compliance

Business Development

Contract Administration

Project Management

Corporate Secretariat

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Commercial Director

Chief Financial Officer

Project Manager

Procurement Manager

Operations Director

Risk Manager

Compliance Officer

General Counsel

Corporate Secretary

Account Manager

Partnership Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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