Amendment to Software Development Agreement

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Amendment to Software Development Agreement Powered By Docstoc
					This document is an amendment to a software development agreement where the
publisher agrees to pay the developer an additional payment in exchange for expedited
performance. This document contains standard terms and also includes a liquidated
damages clause if the developer fails to deliver on time. This document can be
customized and would be helpful to any small business willing to pay extra to assure
that the deliverables will be completed at an earlier date.
   Amendment to Software Development Agreement to
              Accelerate Performance
                 ___________ [Instruction: Insert Name of Publisher]
                     ___________ [Instruction: Insert Address 1]
                     ___________ [Instruction: Insert Address 2]

                                          Dated: ___________ [Instruction: Insert Date]

___________ [Instruction: Insert Name of Developer]
___________ [Instruction: Insert Address 1]
___________ [Instruction: Insert Address 2]

       RE:     Amendment to Software Development Agreement

Dear ___________ [Instruction: Insert Name of Developer]:

        Reference is hereby made to a software development agreement between
___________ [Instruction: Insert Name of Publisher] (henceforth, the “Publisher”), on
the one hand and ___________ [Instruction: Insert Name of Developer] (henceforth,
the “Developer”), on the other hand, dated as of ___________ [Instruction: Insert
Agreement Date] (henceforth, the "Agreement"). For good and valuable consideration,
the receipt and sufficiency of which are hereby and mutually acknowledged, the parties
hereby agree to amend the terms of the Agreement by the terms of this amendment (the
“Amendment”) as follows:

1. All terms contained herein, unless otherwise defined, shall have the meanings
ascribed to them in the Agreement.

2. Notwithstanding anything to the contrary contained in the Agreement, Developer
shall deliver ___________ [Instruction: Insert What Needs To Be Delivered] to
Publisher (the “Delivery”) on or before ___________ [Instruction: Insert Date] (the
“Delivery Date”).

3. In addition to the compensation set forth in the Agreement, in consideration of
Developer’s expedited performance, Publisher shall pay Developer an expedited
performance fee in the amount of ___________________ Dollars ($_____) [Instruction:
Insert Amount] (the “Expedited Performance Fee”). One-half (1/2) of the Expedited
Performance Fee shall be payable to Developer upon execution of this Amendment. The
remainder of the Expedited Performance Fee shall be payable to Developer upon
Publisher’s receipt of the complete Delivery.

4. It is hereby acknowledged by the parties hereto that time is of the essence with
respect to the terms hereof. The parties hereby agree that if the Delivery is not completed
on or before the Delivery Date, the Publisher shall to incur substantial economic damages
and losses of types and in amounts which are impossible to compute and ascertain with
certainty as a basis for recovery by the Publisher of actual damages, and that liquidated
damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in
lieu of actual damages for such delay, the Developer agrees that liquidated damages may
be assessed and recovered by the Publisher, in the event Delivery is completed beyond
the Delivery Date without the Publisher being required to present any evidence of the
amount or character of actual damages sustained by reason thereof; therefore the
Developer shall be liable to Publisher for payment of liquidated damages in the amount
of ___________________ Dollars ($_____) [Instruction: Insert Amount] for each day
that complete Delivery is delayed beyond the Delivery Date. Such liquidated damages
are intended to represent estimated actual damages and are not intended as a penalty, and
Developer shall pay them to Publisher without limiting Publisher's right to terminate this
agreement for default as provided elsewhere in the Agreement.

5. Except as otherwise provided for in this Amendment, the terms and conditions of the
Agreement shall remain in full force and effect.

   Please confirm your acceptance of the foregoing by signing where indicated below.


                                            Very Truly Yours,

                                            ___________ [Instruction: Insert Name of
                                            Publisher]


                                            ________________________________
                                            [Instruction: sign]
                                            By: ___________ [Instruction: Insert
                                            Name of Signatory]
                                            Title: ___________ [Instruction: Insert
                                            Title of Signatory]


AGREED AND ACCEPTED

___________ [Instruction: Insert Name of Developer]



________________________________
[Instruction: sign]
By: ___________ [Instruction: Insert Name of Signatory]
Title: ___________ [Instruction: Insert Title of Signatory]
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Description: This document is an amendment to a software development agreement where the publisher agrees to pay the developer an additional payment in exchange for expedited performance. This document contains standard terms and also includes a liquidated damages clause if the developer fails to deliver on time. This document can be customized and would be helpful to any small business willing to pay extra to assure that the deliverables will be completed at an earlier date.