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Agreement 1.2

A written contract with a clause requiring a written amendment or termination by agreement cannot be amended or terminated otherwise. However, one party may be prevented by its conduct from asserting such a clause, to the extent that the other party relied on that conduct. A contract can be concluded either by the acceptance of an offer or by the behaviour of the parties, which is sufficient to reach an agreement. A contract is entered into, amended or terminated by the simple consent of the parties, without further conditions. A written contract containing a clause stating that the letter contains all the conditions on which the parties have agreed cannot be rebutted or supplemented by evidence of prior statements or agreements. However, such statements or agreements can be used to interpret the letter. If both parties apply standard terms and reach an agreement, with the exception of these conditions, a contract is concluded on the basis of the agreed terms and all the general conditions, essentially customary, unless one party notifies the other party, in advance or later and without undue delay, that it does not intend to be bound to such a contract. 2. However, despite a contrary agreement, the amount indicated may be reduced to a reasonable amount if it is grossly excessive in relation to the damage resulting from the inequity and other circumstances. If, during the negotiations, one of the parties insists that the contract be concluded only when there is an agreement on particular issues or in a specific form, no contract is concluded until an agreement on these issues is reached or a valid contract is not binding on the parties in that form. It can only be amended or terminated in accordance with its terms and conditions or by agreement or by other means provided for by these principles.

(1) A party is free to negotiate and is not responsible for the failure of an agreement. The provisions of this chapter are imperative, unless they relate to the binding force of simple agreement, initial impossibility or error. (3) It is particularly in bad faith when a party engages in or continues negotiations when it intends not to reach an agreement with the other party. 3. If a non-compliance with an agreement is not reached within a reasonable period of time, any party may take the matter to court.