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Extension of Time to Complete Project
------------------------, referred to as Owner, and ------------------------, referred to as Contractor, agree:
The parties entered into a contract for the construction of ____________________ on _____________________, which provided for completion by .
The parties, for sufficient consideration, the adequacy and receipt of which are acknowledged by the parties, herewith extend the date for completion to _______________.
Provided that all other terms and conditions of the original contract are reaffirmed.
Transfer Of Rights. This Extension shall be binding on any successors of the parties.
Arbitration. Any disputes pertaining said extension agreement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the Australian Arbitration Association or like organisation in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
Amendment. This Extension may be modified or amended, if the amendment is made in writing and is signed by both parties.
Severability. If any provision of this Extension 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 Extension 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.
Waiver Of Contractual Right. The failure of either party to enforce any provision of this Extension 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 Extension.
No Representation. 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.
Interpretation. This Extension 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 Extension. The headings, captions, and titles in this legal Extension are merely for reference and do not define, limit, extend, or describe the scope of this Extension or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Extension includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
Invalid Provisions. If any provision of this Extension is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Extension will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Extension, and the remaining provisions of this Extension will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Extension. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Extension, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Further Assurances. In connection with this Extension and the transactions contemplated hereby, each party to this Extension will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Extension and the transactions contemplated hereby.
Entire Extension. This Extension contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Extension supersedes any prior written or oral agreements between the parties.
Advice Of Legal Counsel. Each individual party to this Extension represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Extension with legal counsel, and has executed this Extension based upon such party's own judgment and advice of independent legal counsel.
Applicable Law. This Extension shall be governed by the laws of the State of ________________________.