The date of this Agreement is [Day] of [Month], 20[Year] (the “Signing Date”)
This is an agreement between:
- [Released Party Name] with its registered office at [Registered Office Address] ("We/Us" in this Agreement); and
- [Releasing Party Name] with its registered office at [Registered Office Address] ("You" in this Agreement).
- [Continuer Name] with its registered office at [Registered Office Address] (the "Continuer" in this Agreement).
- 2.1 We have a previous Agreement with You dated [Insert Contract Date] ("the Contract").
- 2.2 We wish to be released completely from the Contract as from [Insert Release Date] (the “Release Date”) so that We are no longer responsible for performing the Contract, and You have agreed to release Us from the Release Date, as long as the Continuer agrees to perform the Contract and be bound by the terms of the Contract in place of Us.
- 2.3 In legal terms this arrangement, is called a “Novation”.
- 3.1 From the Release Date, the Continuer agrees with both You and Us to perform the Contract and be bound by all its terms as if the Continuer was a signatory to the Agreement in place of Us.
Also included in this document:
5. Pre-Existing Claims
6. Which Law System applies and the Place for Disputes
Clive Rich is a highly experienced entertainment and digital media lawyer, who has also successfully run digital businesses for companies such as Sony and Bertelsmann.
A qualified barrister, he has been a lawyer for almost 30 years and has drafted and crafted contracts for a broad spectrum of multi-nationals, major organisations and brands, including Yahoo, Apple, Napster, SanDisk, Myspace and the BBC.
He has also previously run his own legal practice, Rich Futures Ltd in association with the Top 30 UK law firm, Olswang LLP, representing a variety of technology companies and SMEs.
Clive is a qualified Mediator through the Centre for Effective Dispute Resolution (CEDR) and a qualified Arbitrator through the Central Institute of Arbitration (CIArb) in London.
As a negotiator, he is the author of “The Yes Book: the Art of Better Negotiation”, published by Random House in March 2013. Clive has also designed and successfully launched a negotiation App called “Close My Deal”, enabling people to understand the basis of successful negotiation and apply the skills to everyday scenarios. He has provided negotiating coaching and deal making services to a wide range of large organisations and SMEs. He has also been a board member of a number of digital SMEs.
Clive is a devoted father and husband, but when he is not spending time with his family, he likes to unwind by playing golf or watching a variety of sports (football, rugby, cricket). He's a lifelong Milwall FC fan... but don't hold that against him!
Step By Step Guide
When To Use this document:
This document enables one company to replace another company in a contract that already exists