Counterparts

Counterparts

It is common for parties to sign their own separate but duplicate/identical copy of a contract, aka “counterparts”. The following exemplar contains basic language that clarifies that (i) contract counterparts are considered by the parties to be originals, and (ii) electronic signatures are acceptable in lieu of “wet” signatures. This language can be used to refute a later challenge to the contract on the ground that the parties did not sign one single copy of the contract or did not sign in person or other similar challenge that there was no evidence of mutual assent or consensus ad idem between the parties.

Exemplar C18-1

This Agreement may be executed in separate counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be executed by the exchange of faxed executed copies, certified electronic signatures or copies delivered by electronic mail in Adobe Portable Document Format or similar format, and any signature transmitted by such means for the purpose of executing this Agreement is deemed an original signature for purposes of this Agreement.