The "written form requirement" clause stipulates that any modifications, amendments, or waivers to the contract must be documented in writing and signed by all relevant parties to be considered valid and enforceable. This clause aims to prevent misunderstandings or disputes by ensuring that all changes to the contract are clearly recorded and agreed upon.
This contract may be amended or supplemented only by written agreement. That applies to waiver of the written form requirement as well. There are no verbal side agreements. They are legally invalid and they must be executed in writing in order to be valid (written form requirement).
The Parties are aware of the statutory written form requirements of §§550, 578 126 BGB. They hereby mutually agree, at the request of a Party at any time, to perform all actions and to submit all declarations that are required to satisfy the statutory written form requirement. This applies not only to entering into this contract, but also to all other supplements, amendments, and other contracts and addenda to this contract. The Parties agree that termination of this Lease Agreement due to noncompliance with the written form requirement constitutes a violation of good faith, unless all reasonable efforts have been made prior thereto in order to fulfill the requirement that the Lease Agreement be executed in writing. This clause on the obligation to cure violations of the written form requirement does not apply to a future buyer of the property due to the protective purpose of §550 BGB. In the case that the leased premises are sold and the tenancy transfers to the buyer as the new landlord, Tenant agrees to enter into an identical clause regarding the written form requirement in a Supplement with said buyer, if the buyer requests this. In order to protect Tenant’s interests, Landlord is required to obligate a future buyer in a Sales Contract (agreement pursuant to §328 BGB) to enter into a Supplement with Tenant that contains a clause regarding the written form requirement, if Tenant requests this.
9.1 The parties are aware that the rental agreement to which this addendum refers requires the statutory written form pursuant to section 126 BGB due to its term of more than one year in accordance with sections 550, 578 (2) BGB. The parties wish to comply with the written form requirement. a) They therefore mutually undertake, at the request of either party at any time, all actions and make all declarations necessary to comply with the statutory written form requirements. b) They further will not terminate this rental agreement prematurely on the grounds of non-compliance with the statutory written form. c) The rights and obligations under lit. a) and lit. b) apply not only to this addendum, but also to the original rental agreement and to all further addenda/amendments and supplementary agreements.
9.2 A third party entering into the contract in accordance with section 566 BGB or by way of a tripartite contract shall not be bound by the obligations arising from section 9.1; it shall be entitled to the statutory rights without restriction. This shall not apply if the third party was aware or should have been aware of the parts of the contract that do not comply with the written form requirement before entering into the rental agreement, or if the parts of the contract that do not comply with the written form requirement only came into existence after entering into the rental agreement.
9.3 Ancillary agreements, amendments and additions to this contract that are not subject to the statutory written form requirement of section 126 BGB pursuant to sections 550, 578 (2) BGB must also be made in writing. This written form requirement can only be waived in writing. Such ancillary agreements, supplements and amendments must be expressly identified as such and signed by representatives of the party expressly authorized to do so. The written form requirement referred to in sentence 1 shall not be met by declarations made by e-mail or in electronic form. The parties unanimously declare that no ancillary agreements have been made.
The Parties hereby confirm the Lease Agreement dated 10 Dec. 2019. The Parties are aware of the written form requirements of §§ 550 in conjunction with 578 BGB. They hereby mutually undertake, at the request of either Party at any time, to perform all acts and make all declarations necessary to comply with this written form requirement and to not terminate the Lease Agreement prematurely by invoking non-compliance with the written form requirement and to not invoke any ineffectiveness of the Lease Agreement due to non-compliance with the written form requirement. This shall apply not only to the conclusion of the Lease Agreement and this Addendum No. 1, but also to all further addenda, amendment and supplementary agreements.
The written form requirement will be met if the document is recorded electronically.
(5) All changes or additions of this Employment Contract not carried out by an individual agreement between the Contractual Parties shall be in writing in order to be valid. This shall also apply to any waiver of this written form requirement.
Any amendments and changes to this WP5 AGREEMENT must be made in writing in the form of a document signed by the PARTIES. This also applies to the waiver of the written form requirement.
Amendments and supplements to this contract must be made in writing to be effective; electronic form and text form are excluded. This shall also apply to the cancellation, amendment or supplementation of the written form requirement itself. Individual agreements shall always take precedence and shall also apply without observing the formal requirement (Section 305 b of the German Civil Code (BGB)).
All legally binding declarations and other notifications in connection with this Contract (collectively “Notices”) shall be made in writing, unless another form is expressly stipulated in this Contract or a stricter form is required by law. The written form requirement shall be satisfied by transmission by fax (but not by any other form of telecommunication transmission), by e-mail or by letter.
The Parties are in agreement that, in deviation from Sec. 125 para 2 BGB, any failure to observe the written form requirement shall not affect the validity of this Lease Agreement.
Each of the Parties undertakes that at the other Party’s request it will immediately issue any statements and take any other action that may be required to ensure compliance with these requirements of written form and both Parties further undertake not to terminate this Agreement prematurely on grounds of it being ineffective due to non-compliance with any written form requirements.
15.4 This leaves the right of each Party to terminate the License Agreement in writing for good cause ("wichtiger Grund") with immediate effect unaffected. Section 17.3 applies accordingly for the written form requirement.
The “Written Form Requirement” is a legal stipulation mandating that certain contracts or agreements must be documented in writing to be considered valid or enforceable. This requirement aims to provide clear evidence of the terms agreed upon by the parties involved, reducing misunderstandings and disputes. In some jurisdictions, the written form must also be signed by the parties involved to satisfy legal standards.
You should use the Written Form Requirement in situations where the law explicitly mandates it, such as:
To write a contract satisfying the Written Form Requirement, ensure that:
Example: When drafting a lease agreement, it is crucial to clearly outline details such as the rental amount, payment terms, lease duration, and responsibilities regarding property maintenance.
Contracts that commonly involve a Written Form Requirement include:
Example: In many jurisdictions, a real estate sale contract must be in writing to be legally enforceable, detailing the purchase price, property description, and closing date.
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