Binding agreement clause: Copy, customize, and use instantly
Introduction
A binding agreement clause ensures that the contract is legally enforceable and that both parties are obligated to abide by its terms. It confirms that, once executed, the agreement becomes a formal and legally binding document between the parties, establishing their rights, duties, and obligations under the contract.
Below are templates for binding agreement clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard binding agreement clause
This version provides a general framework for binding agreements.
This Agreement constitutes the entire binding agreement between [Party A] and [Party B] and is effective as of the date of execution by both Parties. By signing this Agreement, each Party acknowledges that they have read, understood, and agreed to all terms and conditions set forth herein.
Binding agreement clause with provision for mutual consent
This clause emphasizes mutual consent.
This Agreement shall be deemed a binding agreement once it has been executed by both Parties. Both Parties acknowledge and affirm that they enter into this Agreement with full mutual consent and understanding of all terms.
Binding agreement clause with provision for obligations
This version focuses on obligations.
Upon execution by both Parties, this Agreement shall be a binding contract, and both Parties agree to be legally obligated to fulfill all obligations as set forth herein, in accordance with the terms and conditions specified.
Binding agreement clause with provision for irrevocability
This clause makes the agreement irrevocable.
This Agreement, upon execution by both Parties, is binding and irrevocable, and neither Party shall have the right to cancel, amend, or revoke any part of the Agreement unless mutually agreed upon in writing by both Parties.
Binding agreement clause with provision for enforceability
This version emphasizes enforceability.
This Agreement shall be a legally binding contract between [Party A] and [Party B] once executed by both Parties, and shall be enforceable in accordance with the laws of [jurisdiction]. Both Parties agree to be bound by the terms and conditions outlined in this Agreement.
Binding agreement clause with provision for execution
This clause specifies the execution process.
This Agreement shall become legally binding upon execution by both Parties. Execution shall be deemed to have occurred when both Parties have signed this Agreement, either in physical form or through electronic signatures.
Binding agreement clause with provision for consideration
This version includes consideration as part of the binding nature.
This Agreement is a legally binding agreement between [Party A] and [Party B], supported by mutual consideration in the form of [describe consideration]. Both Parties agree to be bound by the terms set forth herein.
Binding agreement clause with provision for dispute resolution
This clause links binding nature to dispute resolution.
By signing this Agreement, both Parties agree that any disputes arising from this Agreement shall be subject to the dispute resolution procedures outlined in Section [X]. This Agreement is binding, and all disputes will be resolved through the designated process.
Binding agreement clause with provision for amendment
This version includes amendment provisions.
This Agreement is binding and shall remain in effect until amended by mutual written consent of both Parties. Any changes or modifications to this Agreement must be made in writing and signed by authorized representatives of both Parties.
Binding agreement clause with provision for governing law
This version ties the agreement to a specific jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of [jurisdiction]. Both Parties acknowledge that this Agreement is binding and enforceable under the specified jurisdiction's legal framework.
Binding agreement clause with provision for formal execution
This version requires formal execution.
This Agreement shall become legally binding only upon formal execution by both Parties. Both Parties agree to execute this Agreement promptly and confirm their full understanding and acceptance of all terms and conditions.
Binding agreement clause with provision for third-party enforcement
This clause allows third-party enforcement.
This Agreement shall be binding upon execution by both Parties and enforceable by any third-party beneficiary expressly identified herein, who shall have the right to enforce the terms and conditions set forth in this Agreement.
Binding agreement clause with provision for waiver
This version includes a waiver provision.
By signing this Agreement, both Parties acknowledge that this is a legally binding contract. Neither Party shall waive any rights under this Agreement unless such waiver is made in writing and signed by both Parties.
Binding agreement clause with provision for good faith performance
This version emphasizes good faith performance.
This Agreement shall be binding on both Parties, who agree to perform their obligations in good faith and in a manner consistent with the intentions expressed herein. Both Parties acknowledge the legal enforceability of the terms and conditions.
Binding agreement clause with provision for entire agreement
This clause specifies the entire agreement.
This Agreement, upon execution, shall constitute the entire binding agreement between [Party A] and [Party B], superseding any prior agreements or understandings, whether oral or written, concerning the subject matter hereof.
Binding agreement clause with provision for legal remedies
This version provides for legal remedies.
This Agreement shall be binding and enforceable, and the Parties agree that in the event of a breach, the non-breaching Party shall have the right to seek any and all legal remedies available under applicable law.
Binding agreement clause with provision for limited liability
This version limits liability under the agreement.
This Agreement is binding upon execution by both Parties. The Parties agree that liability under this Agreement is limited to [specific limitation], and neither Party shall be liable for any damages exceeding this amount, except as provided in this Agreement.
Binding agreement clause with provision for independent legal advice
This clause requires independent legal advice.
By signing this Agreement, each Party acknowledges that they have had the opportunity to seek independent legal advice and that this Agreement is binding upon execution, with full understanding of its terms and implications.
Binding agreement clause with provision for mutual obligations
This version emphasizes mutual obligations.
This Agreement shall become binding upon execution by both Parties. Both Parties acknowledge that the obligations set forth herein are mutual and enforceable, with each Party required to fulfill their respective duties as described.
Binding agreement clause with provision for performance guarantees
This version includes performance guarantees.
This Agreement, once executed, shall be binding, and both Parties guarantee the performance of their obligations as specified herein. Any failure to perform as agreed will result in the legal enforcement of the terms of this Agreement.
Binding agreement clause with provision for indemnification
This version addresses indemnification.
Upon execution, this Agreement shall be binding on both Parties, who agree to indemnify each other for any losses, claims, or damages arising out of the performance of this Agreement, in accordance with the indemnity provisions outlined.
Binding agreement clause with provision for dispute resolution process
This clause addresses the dispute resolution process.
This Agreement shall be binding upon both Parties upon execution, and any disputes arising under this Agreement shall be resolved in accordance with the dispute resolution process described in Section [X] of this Agreement.
Binding agreement clause with provision for severability
This version includes severability provisions.
This Agreement shall be binding upon execution by both Parties, and in the event any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
Binding agreement clause with provision for termination by mutual consent
This clause includes termination by mutual consent.
This Agreement shall be binding upon execution by both Parties and may be terminated by mutual written consent of both Parties. Upon termination, the Parties will remain bound by any obligations accrued prior to termination.
Binding agreement clause with provision for no waiver of terms
This version prevents waiver of terms.
This Agreement shall be binding upon execution by both Parties. No provision of this Agreement shall be deemed waived by any Party unless such waiver is expressed in writing and signed by both Parties.
Binding agreement clause with provision for no assignment without consent
This version limits assignment.
This Agreement shall be binding upon execution by both Parties. Neither Party may assign their rights or obligations under this Agreement to any third party without the prior written consent of the other Party.
Binding agreement clause with provision for parties' legal capacity
This clause emphasizes the parties' legal capacity.
This Agreement shall be binding upon execution by both Parties. Each Party represents and warrants that it has full legal capacity and authority to enter into this Agreement and that the Agreement is enforceable against both Parties.
Binding agreement clause with provision for conditions precedent
This version includes conditions precedent.
This Agreement shall become binding upon execution by both Parties, subject to the satisfaction of the following conditions precedent: [list conditions]. If the conditions are not satisfied within [X] days, this Agreement will not be enforceable.
Binding agreement clause with provision for further documents
This version requires additional documents.
This Agreement shall be binding upon execution by both Parties. Both Parties agree to execute any additional documents or take necessary actions as may be required to fully implement the terms of this Agreement.
Binding agreement clause with provision for effectiveness
This clause specifies the effectiveness of the agreement.
This Agreement shall become legally binding and effective upon the execution of this Agreement by both Parties. The Parties agree that all terms and conditions herein will apply from the date of execution.
Binding agreement clause with provision for governing language
This version establishes the governing language.
This Agreement shall be binding upon execution by both Parties. The Parties agree that all communications, notices, and legal proceedings related to this Agreement shall be conducted in [language].
Binding agreement clause with provision for jurisdiction
This version ties jurisdiction to the agreement.
This Agreement shall be binding upon execution by both Parties and shall be governed by the laws of [jurisdiction]. Both Parties agree to submit to the exclusive jurisdiction of the courts located in [jurisdiction] for any disputes arising under this Agreement.
Binding agreement clause with provision for no modification without mutual consent
This version includes no modification without consent.
This Agreement shall be binding upon execution by both Parties. No modification of this Agreement shall be valid unless agreed upon in writing and signed by both Parties.
Binding agreement clause with provision for compliance with laws
This version focuses on compliance with laws.
This Agreement shall be binding upon execution by both Parties, who agree to comply with all applicable local, state, and federal laws, rules, and regulations in the performance of their obligations under this Agreement.
Binding agreement clause with provision for no reliance on representations
This clause excludes reliance on representations.
This Agreement shall be binding upon execution by both Parties. Neither Party shall rely on any representations or warranties not expressly set forth in this Agreement, and the Parties agree that no other verbal or written statements are binding.
Binding agreement clause with provision for confidentiality obligations
This version includes confidentiality obligations.
This Agreement shall be binding upon execution by both Parties. The Parties agree to maintain the confidentiality of all sensitive information disclosed during the term of this Agreement, in accordance with the confidentiality provisions set forth herein.
Binding agreement clause with provision for time of performance
This version focuses on the timing of performance.
This Agreement shall be binding upon execution by both Parties. Each Party agrees to perform its obligations within the time frames specified in this Agreement. Failure to meet these deadlines will be considered a material breach.
Binding agreement clause with provision for mutual termination
This clause allows mutual termination.
This Agreement shall be binding upon execution by both Parties. Either Party may terminate this Agreement by mutual written consent of both Parties, provided that all obligations accrued prior to termination will remain in effect.
Binding agreement clause with provision for representation and warranties
This version includes representations and warranties.
This Agreement shall be binding upon execution by both Parties. Each Party represents and warrants that they have the full right and authority to enter into this Agreement and that the execution of this Agreement does not violate any other agreement or law.
Binding agreement clause with provision for dispute avoidance
This clause emphasizes dispute avoidance.
This Agreement shall be binding upon execution by both Parties. The Parties agree to make reasonable efforts to resolve any potential disputes amicably and in good faith before resorting to formal dispute resolution procedures.
Binding agreement clause with provision for indemnity
This version includes indemnity provisions.
This Agreement shall be binding upon execution by both Parties. Both Parties agree to indemnify and hold each other harmless from any losses, damages, or liabilities arising out of the performance of this Agreement, except where caused by the indemnifying Party’s negligence.
Binding agreement clause with provision for severability
This version includes severability.
This Agreement shall be binding upon execution by both Parties. In the event any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.
Binding agreement clause with provision for governing contract amendments
This version covers contract amendments.
This Agreement shall be binding upon execution by both Parties. Any amendments or modifications to this Agreement shall be valid only if made in writing and signed by both Parties, and any such amendments shall be binding upon execution.
Binding agreement clause with provision for both parties' understanding
This version emphasizes both parties' understanding.
This Agreement shall be binding upon execution by both Parties. Each Party acknowledges that they fully understand the terms and conditions of this Agreement and voluntarily enter into it without any reliance on representations not included herein.
Binding agreement clause with provision for immediate enforceability
This version makes the agreement immediately enforceable.
This Agreement shall be binding upon execution by both Parties, and shall be immediately enforceable in accordance with the terms and conditions set forth herein, with both Parties agreeing to abide by the obligations outlined.
Binding agreement clause with provision for written consent
This version requires written consent for modifications.
This Agreement shall be binding upon execution by both Parties. Any changes or amendments to this Agreement shall not be effective unless made in writing and signed by both Parties, thereby ensuring mutual consent.
Binding agreement clause with provision for termination by unilateral decision
This clause allows unilateral termination.
This Agreement shall be binding upon execution by both Parties. Either Party may terminate this Agreement with written notice to the other Party, provided that termination does not affect accrued obligations as of the termination date.
Binding agreement clause with provision for enforcement under applicable law
This version ties enforcement to applicable law.
This Agreement shall be binding upon execution by both Parties and enforceable under the laws of [jurisdiction]. Both Parties agree to submit to the exclusive jurisdiction of the courts in [jurisdiction] for any legal disputes arising under this Agreement.
Binding agreement clause with provision for non-compete obligations
This clause includes non-compete obligations.
This Agreement shall be binding upon execution by both Parties. Both Parties agree that the terms of this Agreement will include a non-compete clause, prohibiting any competitive activities during the term of the Agreement and for [X] years following its termination.
Binding agreement clause with provision for periodic review
This version includes periodic review.
This Agreement shall be binding upon execution by both Parties. Both Parties agree to periodically review the terms and conditions of this Agreement, at intervals of no more than [X] years, to ensure they remain relevant and effective.
Binding agreement clause with provision for acknowledgment of prior agreements
This version acknowledges prior agreements.
This Agreement shall be binding upon execution by both Parties. Both Parties acknowledge that this Agreement supersedes and replaces any prior agreements, whether written or oral, between the Parties concerning the subject matter hereof.
Binding agreement clause with provision for express consent
This version includes express consent.
This Agreement shall be binding upon execution by both Parties. Both Parties expressly consent to all terms and conditions set forth in this Agreement, and any deviation from these terms will require written approval from both Parties.
Binding agreement clause with provision for protection of intellectual property
This version includes intellectual property protection.
This Agreement shall be binding upon execution by both Parties. Both Parties agree to protect and respect each other’s intellectual property rights and acknowledge that no use, reproduction, or distribution of such intellectual property will occur without prior written consent.
Binding agreement clause with provision for non-disclosure of confidential information
This version addresses non-disclosure obligations.
This Agreement shall be binding upon execution by both Parties. Both Parties agree not to disclose any confidential information obtained during the term of this Agreement to any third party without the express written consent of the other Party.
Binding agreement clause with provision for assignment of rights
This version allows for assignment.
This Agreement shall be binding upon execution by both Parties. [Party A] may assign its rights and obligations under this Agreement to any successor or affiliate, provided that [Party B] agrees to such assignment in writing.
Binding agreement clause with provision for no external enforcement
This version clarifies the enforcement mechanism.
This Agreement shall be binding upon execution by both Parties. No external enforcement agency or third party shall have the right to enforce the terms of this Agreement, except as expressly outlined herein.
Binding agreement clause with provision for collaboration on future actions
This clause emphasizes future collaboration.
This Agreement shall be binding upon execution by both Parties. The Parties agree to collaborate in good faith on future actions and obligations related to the objectives of this Agreement as outlined in subsequent communications.
Binding agreement clause with provision for mutual non-disclosure
This version includes mutual non-disclosure.
This Agreement shall be binding upon execution by both Parties. Both Parties agree to mutual non-disclosure of any proprietary information obtained from the other during the term of this Agreement and for [X] years thereafter.
Binding agreement clause with provision for penalties for breach
This clause imposes penalties for breach.
This Agreement shall be binding upon execution by both Parties. In the event of a breach by either Party, the breaching Party shall be liable for penalties as specified in Section [X] of this Agreement, which may include [describe penalties].
Binding agreement clause with provision for continuous obligations
This version includes continuous obligations.
This Agreement shall be binding upon execution by both Parties. Both Parties acknowledge that certain obligations under this Agreement, including confidentiality and indemnification, shall survive termination and remain binding thereafter.
Binding agreement clause with provision for consent to electronic execution
This version allows for electronic execution.
This Agreement shall be binding upon execution by both Parties, including execution by electronic means. Both Parties consent to the use of electronic signatures, which shall be deemed equivalent to original signatures.
Binding agreement clause with provision for default in performance
This version addresses default in performance.
This Agreement shall be binding upon execution by both Parties. In the event that either Party fails to perform their obligations under this Agreement, the defaulting Party shall be required to remedy such failure within [X] days from notification of default.
Binding agreement clause with provision for force majeure
This version includes force majeure.
This Agreement shall be binding upon execution by both Parties. Neither Party shall be liable for failure to perform their obligations under this Agreement if such failure is due to an event of force majeure, including but not limited to acts of God, war, or government action.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.