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I got a termination contract that should be signed by 3 parties - me and 2 others. Basically, it is about the termination of initial contract. Thing is some specific agreement with id number is mentioned within the termination contract as follows:

The Contract is carried out within the Cooperation Agreement No X-XX/AA/XXXX, dated 01.10.2018

When I asked where I can access this agreement, I was told that the agreement is solely meant for other 2 parties and cannot be disclosed because of its confidentiality.

Do I have a right or should I demand to disclose this agreement? In the end, I have to put my sign. That is why I think I should know what is inside but not sure about legal side of it. Will be very thankful for your advice!

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  • You should ask for a separate agreement then without that statement in it, because if you sign it, you agree to it even if you can't read it. Either that or ask that something be added that says "(the agreement ... does not apply to Turkhan Badalov)" – Ron Beyer Nov 14 '19 at 13:27
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Signing a contract where some agreement is mentioned but not disclosed?

Your signature in a contract attests that its terms are known and willfully binding to you, even if in reality you have not read those terms, did not understand their meaning, or found them unacceptable at the time the contract was formed.

If a dispute arises from portions which are unknown to you, the allegation that you were unaware of those clauses will be invalid.

Therefore, you should require that (1) the contract reflect that the "Cooperation Agreement" is unrelated and not binding to you, or (2) the "Cooperation Agreement" be fully disclosed to you so you can make an informed decision on whether or not to sign the contract.

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In general, a contract is the result of the meeting of the minds. How can one have a meeting of the minds with secret terms?

My suggestion is that one, in writing, ask for a contract which has no undisclosed terms.

As an alternative, one could strike the portion of the contract which you do not have knowledge/control/access to, initial it, and submit it.

I am not an attorney, I have only taken several contracts courses offered by HLS. I offer these thoughts only as ideas that you might further investigate.

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If you sign it, you agree to it

However, the solution is simple. They say “the agreement is solely meant for other 2 parties and cannot be disclosed because of its confidentiality” so, put in the contract that it doesn’t affect your rights and obligations.

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  • Under some jurisdictions, you can return the signed, amended agreement with the note "as discussed verbally, Cooperation Agreement No X-XX/AA/XXXX applies only to parties B and C". This records the existence of a modified contract. The other parties, by passively accepting that note, agree to the amendment. – MSalters Nov 14 '19 at 20:27

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