NOVATION AGREEMENT
Agreement made _____________ (date) between and among the following parties:
1. Seller: __________________ (name), of _________________________ (address), _________________ (city), ______________ (county), __________________ (state), referred to here as seller.
2. Buyer: __________________ (name), of _________________________ (address), _________________ (city), ______________ (county), __________________ (state), referred to here as buyer.
3. Party in Substitution: ___________________ (name), of ______________________ (address), __________________ (city), _______________ (county), ______________ (state), referred to here as party in substitution.
SECTION ONE: CONTRACT SUBJECT TO THIS AGREEMENT
This novation agreement is entered into with reference to a contract of sale entered into between seller and buyer, dated ________________, involving the sale of the following goods: ________________________________________________________________. A copy of the contract of sale, marked Exhibit __________, is attached to this agreement.
SECTION TWO:
NOVATION AGREEMENT
It is agreed by all parties in this novation agreement that party in substitution shall be substituted for __________ (buyer or seller) in the above-referenced contract of sale. Party in substitution shall acquire all the rights and become obligated to perform all the duties of ____________ (buyer or seller) that are here fully assigned and delegated to party in substitution, who undertakes full performance of the above-referenced contract of sale in the place of __________ (buyer or seller) and makes a separate promise to faithfully and fully so perform.
SECTION THREE: RELEASE OF BUYER OR SELLER FROM LIABILITIES
In consideration of this novation, __________ (buyer or seller) shall be relieved of any and all further obligations to perform under the above-referenced contract of sale and shall be fully relieved of further liability to any other party to this novation agreement arising out of the above-referenced contract of sale.
In witness whereof, the parties have executed this agreement at _________________ (designate place of execution) the day and year first above written.
_______________________ Signature
_______________________ Signature