Addendum to an agreement

Save Share

This query is : Resolved

Radhika Hariharan (Querist)

24 January 2008 can anyone pl tell me about where i could find the format for adding an addendum to an already existing agreement

S.Srinivasaraghavan

S.Srinivasaraghavan (Expert)

25 January 2008 Normally you will have a clause in the original agreement providing for manner of amendments.

If no specific form is provided in that clause, then the s me agreement format itself can be used, with narration giving the reasons for amendment. The clause(s) amended is (are) described and signed by parties to the agreement

R.V.RAO

R.V.RAO (Expert)

25 January 2008 A MODEL /DRAFT /TYPICAL ADDENDUM TO AN EXISTING AGREEMENT IS GIVEN FOR GUIDANCE.

ADDENDUM TO PUBLICATION AGREEMENT
1. THIS ADDENDUM hereby modifies and supplements the attached Publication Agreement concerning the following
Article:
_________________________________________________________________________
(manuscript title)
_________________________________________________________________________
(journal name)
2. The parties to the Publication Agreement as modified and supplemented by this Addendum are:
____________________________________(corresponding author)
____________________________________________________
____________________________________________________
____________________________________________________
(Individually or, if one than more author, collectively, Author)
_______________________________________
(Publisher)
3. This Addendum and the Publication Agreement, taken together, allocate all rights under copyright with respect to all
versions of the Article. The parties agree that wherever there is any conflict between this Addendum and the Publication
Agreement, the provisions of this Addendum are paramount and the Publication Agreement shall be construed accordingly.
4. Author’s Retention of Rights. Notwithstanding any terms in the Publication Agreement to the contrary, AUTHOR and
PUBLISHER agree that in addition to any rights under copyright retained by Author in the Publication Agreement, Author
retains: (i) the rights to reproduce, to distribute, to publicly perform, and to publicly display the Article in any medium for noncommercial
purposes; (ii) the right to prepare derivative works from the Article; and (iii) the right to authorize others to make
any non-commercial use of the Article so long as Author receives credit as author and the journal in which the Article has been
published is cited as the source of first publication of the Article. For example, Author may make and distribute copies in the
course of teaching and research and may post the Article on personal or institutional Web sites and in other open-access digital
repositories.
5. Publisher's Additional Commitments. Publisher agrees to provide to Author within 14 days of first publication and at no
charge an electronic copy of the published Article in a format, such as the Portable Document Format (.pdf), that preserves final
page layout, formatting, and content. No technical restriction, such as security settings, will be imposed to prevent copying or
printing of the document.
6. Acknowledgment of Prior License Grants. In addition, where applicable and without limiting the retention of rights
above, Publisher acknowledges that Author’s assignment of copyright or Author’s grant of exclusive rights in the Publication
Agreement is subject to Author’s prior grant of a non-exclusive copyright license to Author’s employing institution and/or to a
funding entity that financially supported the research reflected in the Article as part of an agreement between Author or Author’s
employing institution and such funding entity, such as an agency of the United States government.
7. For record keeping purposes, Author requests that Publisher sign a copy of this Addendum and return it to Author.
However, if Publisher publishes the Article in the journal or in any other form without signing a copy of this Addendum, such
publication manifests Publisher’s assent to the terms of this Addendum.
AUTHOR PUBLISHER
___________________________________________ ____________________________________
(corresponding author on behalf of all authors)
_______________________________________(Date) ___________________________________(Date)

SOURCE:www.arl.org

R.V.RAO

Radhika Hariharan

Radhika Hariharan (Querist)

25 January 2008