The Side Agreement is a crucial legal instrument in South African commercial practice, designed to accommodate changes or additions to existing contractual relationships without the need to redraft entire agreements. It is typically used when parties need to modify specific terms, add new provisions, or clarify existing clauses in a main agreement while keeping the original contract intact. This document type is particularly valuable in complex business transactions where flexibility is required, or when circumstances change after the original agreement is signed. The Side Agreement must comply with South African contract law principles and relevant sector-specific regulations. It's commonly used in situations involving price adjustments, scope changes, deadline extensions, or the addition of new parties to an existing arrangement.
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1. Parties: Full legal names and details of all parties to the side agreement (must match main agreement parties unless adding new parties)
2. Background: Reference to main agreement, reason for side agreement, and context of modifications or additions
3. Definitions: Key terms used in the side agreement, incorporating definitions from main agreement by reference and adding new definitions if needed
4. Relationship to Main Agreement: Explicit statement of how this side agreement relates to and affects the main agreement
5. Amendments/Additional Terms: Specific modifications to main agreement or additional terms being introduced
6. Effect on Main Agreement: Statement that all other terms of main agreement remain in full force and effect except as modified
7. Governing Law: Confirmation that South African law governs (should match main agreement)
8. Signatures: Execution block for all parties
1. Additional Parties: Section introducing new parties not in main agreement, if applicable
2. Duration: If the side agreement has a different duration than the main agreement
3. Conditions Precedent: Any conditions that must be met before side agreement becomes effective
4. Consideration: If new consideration is being provided, separate from main agreement
5. Confidentiality: If additional confidentiality provisions are needed beyond main agreement
6. Dispute Resolution: If dispute resolution process differs from main agreement
7. Notices: If notice details differ from main agreement or new parties are added
1. Schedule 1 - Amended Clauses: Full text of amended clauses showing tracked changes from main agreement
2. Schedule 2 - Additional Terms: Detailed new terms or provisions being added to main agreement
3. Schedule 3 - Comparison Table: Table showing original vs. modified clauses for easy reference
4. Appendix A - Supporting Documents: Any relevant supporting documents referenced in the side agreement
5. Appendix B - Corporate Approvals: Copies of relevant corporate authorizations if required
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Mining
Manufacturing
Technology
Telecommunications
Real Estate
Retail
Energy
Agriculture
Construction
Healthcare
Professional Services
Transportation
Education
Hospitality
Relevant Teams
Legal
Commercial
Compliance
Operations
Risk Management
Finance
Procurement
Business Development
Contract Administration
Corporate Affairs
Project Management
Account Management
Relevant Roles
Legal Counsel
Contract Manager
Commercial Director
Chief Legal Officer
Business Development Manager
Compliance Officer
Project Manager
Operations Director
Risk Manager
Corporate Secretary
Finance Director
Procurement Manager
Account Executive
Partnership Manager
General Manager
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