Agreement To Extend Performance Date (Long form - Comprehensive)
BE IT KNOWN, for good consideration, [Name] of [Address] (First Party), and [Name] of [Address] (Second Party), in and to a certain agreement described as:
[Describe]
and; dated [Date], do hereby acknowledge and agree that:
1. Said Agreement provides that full performance shall be completed on or before [Date].
2. That the parties acknowledge that said Agreement cannot be performed and completed on said date and that the parties hereupon desire to extend the performance date, as if said extended date were the original date of performance.
3. That the parties hereby mutually agree that the date for performance be continued and extended to [Date], time being of the essence.
4. There is no other change in terms or further extension allowed.
5. Arbitration. Any disputes pertaining to said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
6. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
7. Waiver Of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
8. No Representations. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
9. Interpretation. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
10. Advice Of Legal Counsel. Each individual party to this Agreement represents and warrants to each other party that such party has...
(Excerpt)
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