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.
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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
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
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
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Relevant Teams
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Relevant Roles
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