Evidence of Contract Clause Samples
The Evidence of Contract clause serves to formally establish what documents or communications constitute the binding agreement between the parties. Typically, it specifies that only the written contract and any referenced attachments or amendments are considered valid evidence of the parties’ obligations, excluding informal discussions or prior drafts. This clause ensures clarity and prevents disputes by clearly identifying the authoritative sources that define the contractual relationship.
Evidence of Contract. Delete the existing text of clause 6 and replace with: ‘Within the time reasonably required by the Principal (or where the Principal does not prescribe a time, 10 business days) after receiving a copy of a Formal Instrument of Agreement for execution (‘execution copy’), the Contractor shall either: properly execute the number of copies provided and return them; or provide the Principal with written notice of any aspect of the execution copy which the Contractor considers is in error or which does not reflect the agreement between the Principal and the Contractor. If the Contractor: does not give the Superintendent the written notice required by subclause 6(b) within the time required by that subclause; or the Contractor commences work after receiving the execution copy and before giving the Principal the written notice required by subclause 6(b), then the Contractor shall be deemed to have accepted and agreed to, and shall be legally bound by, the terms of the contract as evidenced by the execution copy. Otherwise, until a Formal Instrument of Agreement is executed by the parties, documents evidencing the parties’ consensus shall constitute the Contract. Within 25 business days after receiving executed copies of the Formal Instrument of Agreement from the Contractor, the Principal shall execute both copies and send one copy to the Contractor. The Superintendent may extend the time under this clause by written notice to the parties.’
Evidence of Contract. 2.6.2 How is the Contract Agreement to be executed? (select one to apply, (a) or (b))
(a) As stated in 2.6.2; ☒
(b) In accordance with the following other requirements: ☐ Click to enter requirements
Evidence of Contract. No contract or other legal relationship shall exist between the Contractor and the Principal, and no payment otherwise due under the Contract shall become payable, until the Contract Agreement is executed by both parties.
Evidence of Contract. 3.1 Until an Instrument of Agreement is executed by the parties, documents evidencing the parties' consensus constitute the Contract. If the Contract requires an Instrument of Agreement, the Customer must, within 28 days of the date of acceptance of tender, send it in duplicate for execution by the Supplier. Within 14 days after receiving them, the Supplier must (if they are correct) properly execute both copies and return them.
3.2 Within 14 days after receiving them, the Customer must execute both copies, and send one copy to the Supplier.
Evidence of Contract. The contract shall be evidenced by the following: • the tender documents prepared by Council • the tender submitted by the Contractor • any correspondence between the Council and the Contractor to clarify or vary the tender • the letter of acceptance from Council to the Contractor
Evidence of Contract. 6.1 Contract in Absence of Formal Instrument of Agreement
Evidence of Contract. Delete the existing text of clause 6 and replace with: ‘Within the time reasonably required by the Principal (or where the Principal does not prescribe a time, 10 business days) after receiving a copy of a Formal Instrument of Agreement for execution (‘execution copy’), the Contractor shall either:
(a) properly execute the number of copies provided and return them; or
(b) provide the Principal with written notice of any aspect of the execution copy which the Contractor considers is in error or which does not reflect the agreement between the Principal and the Contractor. If the Contractor:
Evidence of Contract. Delete/Insert clause 6.1 - "
Evidence of Contract. 6.1 Delete clause and substitute: Until the parties execute a formal Instrument of Agreement, the Contract between the parties shall be evidenced by Notice of Acceptance of Tender, signed by Contractor.
6.2 Add new paragraph: No Payment shall be made to the Contractor until the Contractor has executed the Instrument of Agreement.
Evidence of Contract. This Contract includes all of the terms, covenants, conditions, and stipulations between the parties, to the exclusion of all other written documents and oral representations. Prior to the implementation of this Contract, compliance with the insurance requirement and satisfactory inspection shall have been completed. A modification of this Contract shall not be binding upon either of the parties unless reduced to writing and signed by both parties. A failure by either party to insist upon the strict terms of this Contract shall not be construed as a waiver of terms or occurrences at any future time.