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Asha Pole (Legal)     19 January 2010

Agreement

There is an agreement made between 2 parties  and it says that the term of the contract is from 1st Jan to 31st Dec 09. And at the same time, there is an annexure attached to it, that states after the end of 12 months, the contract will be renewed automatically. So do we have to renew the contract on 1st Jan 2010 or the silent terms itself extends the contract to the next year, please advice



Learning

 3 Replies

Suresh CSLLM (Service)     19 January 2010

unless otherwise mentioned specifically in Agreement, Annexure come nect than Agreement. I think either you should amend the main provision in the Agreement or renew the agreement with modification so that there is no confusion in future.

Suresh

 

R.R. KRISHNAA (Legal Manager)     19 January 2010

Annexure is a part of document and is as valid as the document.  So the terms of the annexure are valid and it automatically extends the term of the contract.  No need to enter a fresh agreement or make renewal/extension.  But it will be prudent that a simple letter may be issued by one party to the other party informing the renewal/extension of contract in view of the terms of the annexure to make it formal.

PriyaDharshini (Legal officer (junior))     19 January 2010

Pls note that the Annexure is a part & parcel of the Agreement.  

When a provision for automatic renewal is referred to either in the contract or in the Annexure, there is no need for renewing it further.  but the clear intention of the parties can be expressed as said by Mr. Krishnaa. 

regards,

priya


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