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  1. How to Write an Agreement Between Two Parties (wi…

    Typically, making an agreement with someone – whether to buy something, provide a service, or enter into a partnership – is a positive moment for both parties. However, all the hope and optimism at the start of the relationship is no guarantee problems won't arise in the future. For this reason, it's important to get all the terms of your agreement...

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    Provide full legal names and contact information for each party.

    To have a legally enforceable agreement, you must provide sufficient information that each party can be identified and located.

    If one or both of the parties is a business entity such as a corporation or limited liability company, the party signing the agreement should be identified as well as the company.

    Parties signing on behalf of a business should include their titles within the business. Typically only certain people can enter agreements that would bind the company as a whole. Who those people are will depend on the business's structure, its organizational agreement, and the laws in the state where it was formed.

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    List the dates the agreement is in effect.

    Most agreements don't continue on in perpetuity. Rather, they are set to expire after a definite period of time.

    If you want to include a method by which either party may terminate the agreement, you should include that term when you describe the agreement's duration. For example, you might write "This agreement begins on July 4, 2016 and ends on December 25, 2016. It may be terminated within that period by either party with 10 days written notice to the other party."

    The termination provision (which you also could consider an "escape clause") also should include details on how final compensation will be made or how items such as tools or building materials should be returned.

    Specify the performance to be made by each party.

    No matter what the agreement, each party has certain duties that must be performed to fulfill each side of the bargain.

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    Describe what constitutes breach for either party.

    Generally, if one party fails to perform as described in the contract, that would be considered breach.

    To legally constitute breach, however, the failure must either be complete, or relate to a term at the heart of the agreement.

    For example, if the house painter agreed to have your house painted in one week, but it actually took him nine days to complete the job, that wouldn't necessarily rise to the level of a material breach because he actually did perform, and the delay wasn't substantial – if the delay didn't really effect you in any way. However, if you needed the house painting completed by the date in the contract because you had photographers coming over to make pictures of the house for a magazine feature, you might have damages as a result of the painter's delay.

    Provide exceptions where failures will be excused.

    In some situations, typically those that are unanticipated and not within the co…

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    Once you've completed your draft, both you and the other party should read it and make sure you both understand the terms in the same way.

    If any misunderstandings or disagreements arise as to the wording of the document, you can resolve those issues before you sign the document.

    Discuss any awkward or unclear clauses and make adjustments to the agreement as necessary before you sign it.

    Consider having an attorney review your contract.

    Even though you and the other party have an agreement that expresses your understanding of the relationship, an attorney can let you know if your agreement complies with applicable law and would be legally enforceable.

    An attorney also can provide you with an understanding of how your clauses would be interpreted by a judge, and whether you've missed any key points that should be addressed. It may be that words you wrote with one intent would be read another way by a judge.

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