What is a mutatis mutandis clause?

A mutatis mutandis (M.M.) clause is a provision found within a contract that states that all relevant circumstances must remain the same, except for those parts specifically named in the contract. This clause is also referred to as “As Amended” or “With Change”. Generally, this clause is used when the parties are making changes to the contract and want to ensure there is no effect on the remainder of the agreement. In Washington, the mutatis mutandis clause is used to requite that any changes to the contract be mutually agreed upon and accepted in writing by both the parties involved. This clause protects both parties by applying the specific changes only to the parts that have been changed and not to the entire agreement. It also ensures that the intent of the original agreement is still in place by assuring that any modifications to the contract do not alter the liability, risk, or any other terms and conditions. The use of the mutatis mutandis clause helps to prevent the unintentional alteration of the terms of an agreement when making changes to the contract. This important clause is widely used in Washington and can be beneficial to parties that are looking to make adjustments to an existing agreement. The use of this clause ensures that the changes made are understood and accepted by both parties.

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