Correct, you can comment out checkout.xml file, so Magento will take the same file from his base.
Or better, add this line in checkout.xml file, add it in line 412:
<block type=”checkout/agreements” name=”checkout.onepage.agreements” as=”agreements” template=”checkout/onepage/agreements.phtml”/>
(Please ommit the \ before quotes, since we are having an issue in the text editor. Thanks/
We’re correcting this in all our themes.
If you have a theme issue, please open a Ticket, since we are not giving support in the Forum anymore. Thanks!.-