Zusatzklausel

Zusatzklausel is a contractual clause added to an existing agreement to modify, supplement, or clarify its terms. Such clauses are used to address gaps or changing circumstances that were not covered in the original contract. They are common in business-to-business agreements, real estate contracts, insurance policies, and employment agreements, and may cover issues such as price adjustments, delivery schedules, liability allocation, confidentiality, or data protection requirements. A Zusatzklausel becomes binding only if it is properly incorporated into the contract and agreed by all parties; ambiguity or inconsistency with the main contract can lead to disputes.

The drafting of a Zusatzklausel should emphasize precision and clarity. It should define the scope, duration, and conditions for applicability, as well as the remedies or consequences in case of breach. It is important that the clause aligns with the governing law of the contract and with any formality requirements, such as the need for written modification in certain jurisdictions. In practice, Zusatzklauseln are often attached as an addendum or schedule or explicitly referenced in the main agreement.

The interpretation of a Zusatzklausel follows standard contract-law principles: the language used should be clear, the clause must not contradict the main terms, and any cross-references to other contract provisions should be correct. Properly drafted, Zusatzklauseln provide flexibility while preserving the integrity of the original agreement and help to manage risk, responsibility, and compliance over time.