A scrivener’s affidavit explaining that the grantee should have been John from the beginning doesn’t fix the mistake. For example, suppose a grantor in a deed intends to convey the property to John Jones, but inadvertently names Sally Smith as the grantee. One thing a scrivener’s affidavit can’t fix is use of the wrong name for the grantee in a deed. If a deed description has an incorrect lot number or has a typo in the course or distance call in the description, a scrivener’s affidavit is an easy way to correct the error. But the most common use of a scrivener’s affidavit is to correct a typographical error in the legal description. If a grantor’s name is given as ABC company but omits the “Inc” if it’s a corporation, or the “LLC” if it’s a limited-liability company, then the scrivener’s affidavit can supply the missing abbreviation. In layman’s terms, when a deed has certain technical defects or factual inaccuracies, a scrivener’s affidavit is a good way to fix those defects and inaccuracies.įor example, if a deed fails to state the marital status of an individual grantor a scrivener’s affidavit can supply the missing marital status.
A scrivener’s affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed.
To break the term down even further, an affidavit is a written statement of facts made by a person who has personal knowledge of those facts. In this post we’re going to cover one of those potential solutions: the scrivener’s affidavit.Ī scrivener’s affidavit is a common method of “curing” a sick or cloudy title. (a) Article X of the Agreement shall apply hereto mutatis mutandis.On our last blog post we covered “cloudy” titles, or clouds on title, and some effective ways to avoid or cure them. Materials Transfer Agreement between National Jewish Health and InterMune, Inc. (b) The following agreement is hereby deleted in its entirety from Schedule 1.1(d) to the Agreement and Section 3.7 of the Seller Disclosure Schedule: Second Amended and Restated Section 3.13(c) of the Seller Disclosure Schedule is hereby amended and restated in its entirety as set forth in Exhibit A hereto. NOW, THEREFORE, in consideration of the promises, representations, warranties, covenants and agreements contained herein and other goodĪnd valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound hereby, agree as follows: WHEREAS, Purchaser, Parent, Opco and Seller desire to amend the Agreement as set forth herein. WHEREAS, due to a scriveners error, Schedule 1.1(d) to the Agreement and Section 3.7 of the Seller Disclosure Schedule included an agreement which is not an Assumed Contract and Section 3.13(c) of the Seller Disclosure Schedule erroneously set forth the number of Vials Sold Canada and Vials Sold US WHEREAS, due to a scriveners error, the attachment to WHEREAS, Purchaser, Parent, Opco and Seller entered into that certain Asset Purchase Agreement dated as of May 17,
Capitalized terms used hereinĪnd not otherwise defined herein shall have the meaning given such terms in the Agreement (as defined below). AGREEMENT (the Amendment), dated as of June 18, 2012, is made and entered into by and among Vidara Therapeutics International Limited, an Irish company ( Purchaser), Vidara Therapeutics Holdings LLC, aĭelaware limited liability company ( Parent), Vidara Therapeutics Research Limited, an Irish company ( Opco) and InterMune, Inc., a Delaware corporation ( Seller).
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