Cumulative remedies clause: Copy, customize, and use instantly
Introduction
A cumulative remedies clause provides that the remedies available to the parties under the agreement are not exclusive and may be pursued in conjunction with other available remedies. This ensures that the non-breaching party has the option to pursue multiple remedies to address any breach or failure to perform under the contract. This clause is critical to ensure that parties have full access to all legal options available to protect their rights and interests.
Below are templates for cumulative remedies clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Non-exclusive remedies
This clause allows for the pursuit of multiple remedies simultaneously or sequentially.
The remedies provided in this Agreement are cumulative and are in addition to any other remedies available to the non-breaching party, whether at law, in equity, or otherwise. The non-breaching party may pursue any and all remedies simultaneously or in sequence, without limitation.
Cumulative remedies with no waiver
This clause ensures that the use of one remedy does not waive others.
The exercise of any remedy under this Agreement shall not preclude or waive the right of the non-breaching party to pursue any other remedy available. All remedies are cumulative, and no remedy shall be deemed exclusive of any other remedy unless expressly stated otherwise in this Agreement.
Availability of equitable remedies
This clause includes the availability of equitable remedies alongside legal remedies.
In the event of a breach of this Agreement, the non-breaching party may seek any and all remedies available, including legal, equitable, or injunctive relief. The remedies available are cumulative, and the pursuit of one remedy does not preclude the non-breaching party from seeking others.
Cumulative remedies with performance obligations
This clause applies when multiple remedies are available for performance-related breaches.
If a party fails to perform any material obligation under this Agreement, the non-breaching party may pursue all available remedies, including but not limited to damages, specific performance, and any other remedies provided under applicable law. The remedies available under this Agreement are cumulative and may be exercised concurrently.
Remedies after termination
This clause applies when cumulative remedies are available even after the termination of the agreement.
In the event of termination of this Agreement, the non-breaching party may still pursue any and all remedies available under this Agreement, including cumulative remedies for any breaches occurring prior to or after the termination. Termination shall not limit the remedies available to the non-breaching party.
Non-exclusion of damages and specific performance
This clause ensures that damages and specific performance can both be pursued.
The non-breaching party may pursue any available remedies, including both damages and specific performance, for any breach of this Agreement. The remedies under this Agreement are cumulative and do not exclude one another, allowing the non-breaching party to seek multiple forms of relief.
Cumulative remedies and waiver of damages limitation
This clause ensures that the limitation of liability does not exclude cumulative remedies.
No limitation of liability in this Agreement shall limit the availability of cumulative remedies. The non-breaching party is entitled to seek all remedies available, including damages and equitable relief, and the limitation of liability provisions shall not limit the pursuit of such remedies.
Cumulative remedies for delayed performance
This clause applies when cumulative remedies are available for performance delays.
In the event of a delay in performance of any material obligations, the non-breaching party may pursue all available remedies, including but not limited to liquidated damages, specific performance, and other remedies for breach of contract. All remedies are cumulative and may be used together.
Cumulative remedies in case of ongoing breach
This clause applies when the non-breaching party can pursue cumulative remedies for ongoing breaches.
If a breach of this Agreement is ongoing or continues over time, the non-breaching party may pursue cumulative remedies for the entire duration of the breach. The remedies available are cumulative and may be pursued concurrently or consecutively, as determined by the non-breaching party.
Cumulative remedies for failure to meet deadlines
This clause applies when multiple remedies are available due to missed deadlines.
If a party fails to meet the deadlines set forth in this Agreement, the non-breaching party may seek all available remedies, including damages for late performance, termination of the Agreement, and any other remedies specified in this Agreement. All remedies are cumulative and can be pursued simultaneously.
Cumulative remedies for financial obligations
This clause applies when cumulative remedies are available for non-payment or financial failures.
If a party fails to meet its financial obligations under this Agreement, the non-breaching party may seek all available remedies, including the recovery of unpaid amounts, interest, and any additional remedies provided in this Agreement. The remedies available are cumulative and are not exclusive.
Cumulative remedies for breach of confidentiality
This clause applies when cumulative remedies are available for confidentiality breaches.
In the event of a breach of the confidentiality provisions of this Agreement, the non-breaching party may pursue cumulative remedies, including damages, injunctive relief, and any other legal remedies available. The pursuit of one remedy does not exclude the right to pursue others.
Cumulative remedies for failure to provide notice
This clause applies when failure to provide notice is considered a breach.
Failure to provide notice as required by this Agreement shall constitute a breach, and the non-breaching party may pursue all available remedies, including but not limited to damages, specific performance, and termination. All remedies are cumulative and may be pursued simultaneously.
Cumulative remedies for breach of contract obligations
This clause applies when breach of contract obligations trigger cumulative remedies.
If a party fails to perform any material obligation under this Agreement, the non-breaching party may pursue all remedies available, including liquidated damages, specific performance, and other contractual remedies. The remedies are cumulative and may be exercised concurrently.
Cumulative remedies with no prejudice
This clause ensures that pursuing one remedy does not prejudice the non-breaching party from pursuing other remedies.
The exercise of one remedy under this Agreement does not prejudice the non-breaching party’s right to exercise any other remedy available under this Agreement or at law. All remedies are cumulative and may be pursued simultaneously.
Cumulative remedies for breach of warranty
This clause applies when breach of warranty triggers cumulative remedies.
A breach of any warranty under this Agreement shall constitute a breach of contract, and the non-breaching party may pursue all available remedies, including damages and specific performance. These remedies are cumulative and do not exclude one another.
Cumulative remedies for non-compliance with delivery obligations
This clause applies when non-compliance with delivery obligations triggers cumulative remedies.
If the delivery obligations under this Agreement are not met, the non-breaching party may terminate the Agreement, seek damages for delay, and pursue any other remedies available. These remedies are cumulative and may be pursued concurrently.
Cumulative remedies for breach of intellectual property rights
This clause applies when a breach of intellectual property rights is involved.
In the event of a breach related to intellectual property rights, the non-breaching party may pursue all available remedies, including injunctive relief, damages, and specific performance. The remedies under this Agreement are cumulative and may be exercised concurrently or in sequence.
Cumulative remedies for failure to comply with governing law
This clause applies when failure to comply with governing law constitutes a breach.
A failure to comply with the governing law provisions of this Agreement shall be considered a breach. The non-breaching party may pursue all remedies available, including termination and damages. These remedies are cumulative and may be exercised together.
Cumulative remedies for failure to meet warranty claims
This clause applies when warranty claims result in a breach.
If a party fails to meet the warranty claims outlined in this Agreement, the non-breaching party may terminate the Agreement, seek damages, and pursue any other legal remedies available. All remedies are cumulative and may be exercised in parallel.
Failure to deliver goods or services on time
This clause applies when failure to meet deadlines for the delivery of goods or services is considered a breach.
If a party fails to meet any agreed-upon delivery deadlines as outlined in this Agreement, the non-breaching party may terminate the Agreement and seek compensation for any losses caused by the delay. The remedies available are cumulative and can be pursued concurrently.
Breach due to non-payment
This clause applies when failure to make required payments is considered a breach.
If a party fails to make any payment due under this Agreement within the specified time, such failure shall constitute a breach. The non-breaching party may terminate the Agreement, seek the overdue payment, and claim interest or penalties for any late payments. These remedies are cumulative.
Failure to comply with confidentiality provisions
This clause applies when the breach involves a failure to maintain confidentiality.
If a party discloses any confidential information in violation of this Agreement, it will be considered a material breach. The non-breaching party may terminate the Agreement, seek damages for any harm caused by the disclosure, and request injunctive relief to prevent further breaches. Remedies are cumulative.
Failure to meet quality standards
This clause applies when a party fails to meet the agreed quality standards.
If a party's goods or services fail to meet the specified quality standards, it shall constitute a breach of the Agreement. The non-breaching party may demand remediation, seek damages, or terminate the Agreement. All remedies are cumulative and may be pursued simultaneously.
Breach due to failure to obtain necessary licenses or permits
This clause applies when failure to obtain required licenses or permits results in a breach.
If a party fails to obtain the necessary licenses or permits required to fulfill the obligations under this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement and seek damages for any resulting losses. Remedies available are cumulative.
Breach due to failure to comply with laws
This clause applies when a breach occurs due to non-compliance with applicable laws.
Failure to comply with any applicable laws, rules, or regulations specified in this Agreement shall constitute a breach. The non-breaching party may terminate the Agreement and seek legal remedies, including damages. These remedies are cumulative and may be pursued concurrently.
Breach due to non-performance of material obligations
This clause applies when failure to meet material obligations is considered a breach.
Failure to perform any material obligation under this Agreement shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and pursue any other remedies available under the law. These remedies are cumulative and can be pursued in any order.
Breach of non-compete provisions
This clause applies when the non-compete provisions are violated.
A violation of the non-compete provisions specified in this Agreement shall be considered a material breach. The non-breaching party may terminate the Agreement, claim damages, and seek an injunction to prevent further violations. Remedies are cumulative.
Breach of intellectual property rights
This clause applies when there is an infringement of intellectual property rights.
Any breach related to the use or protection of intellectual property rights under this Agreement shall constitute a material breach. The non-breaching party may seek immediate termination, damages, and injunctive relief to prevent further infringement. These remedies are cumulative.
Breach due to unauthorized assignment of rights
This clause applies when the unauthorized assignment or delegation of rights or obligations occurs.
If a party assigns or delegates any rights or obligations under this Agreement without the prior written consent of the other party, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and pursue other remedies available under law. Remedies are cumulative.
Failure to meet delivery obligations
This clause applies when failure to meet delivery obligations results in a breach.
If a party fails to deliver the agreed goods or services within the specified time frame, such failure shall constitute a breach of this Agreement. The non-breaching party may seek remedies including termination of the Agreement, damages, or specific performance. These remedies are cumulative.
Breach due to failure to maintain required insurance
This clause applies when failure to maintain insurance results in a breach.
If a party fails to maintain the necessary insurance coverage as stipulated in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement and seek damages for any risks incurred due to the lack of insurance. Remedies are cumulative.
Breach of confidentiality or non-disclosure agreement
This clause applies when the confidentiality or non-disclosure provisions are breached.
A breach of the confidentiality or non-disclosure provisions outlined in this Agreement shall be considered a material breach. The non-breaching party may terminate the Agreement, claim damages, and seek injunctive relief to prevent further disclosure. Remedies are cumulative.
Failure to meet agreed-upon performance targets
This clause applies when failure to meet performance targets is considered a breach.
If a party fails to meet the performance targets outlined in this Agreement, it shall be considered a breach. The non-breaching party may terminate the Agreement, seek damages, and pursue other remedies, including specific performance. Remedies are cumulative.
Breach due to failure to maintain required reporting
This clause applies when failure to maintain required reports or documentation is considered a breach.
Failure to submit the required reports or documentation as specified in this Agreement shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and request corrective actions. Remedies available are cumulative.
Breach of service level agreements (SLA)
This clause applies when service levels are not met, resulting in a breach.
Failure to meet the agreed service level standards outlined in this Agreement shall be considered a breach. The non-breaching party may terminate the Agreement, seek liquidated damages, and pursue any other remedies available under applicable law. Remedies are cumulative.
Breach due to fraud or misrepresentation
This clause applies when fraud or misrepresentation is considered a breach.
If a party engages in fraudulent conduct or makes false representations that impact the performance of this Agreement, it shall constitute a material breach. The non-breaching party may immediately terminate the Agreement and seek legal action, including claims for damages. These remedies are cumulative.
Breach involving failure to maintain business licenses
This clause applies when failure to maintain business licenses is considered a breach.
If either party fails to maintain the necessary business licenses or permits as required by this Agreement, such failure shall be deemed a breach. The non-breaching party may terminate the Agreement and seek damages for any business disruption caused by the breach. Remedies are cumulative.
Breach of non-solicitation provisions
This clause applies when non-solicitation provisions are breached.
Any violation of the non-solicitation provisions outlined in this Agreement shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and take legal action to prevent further breaches. These remedies are cumulative and may be pursued simultaneously.
Breach due to failure to comply with health and safety standards
This clause applies when failure to meet health and safety standards is considered a breach.
Failure to comply with health and safety standards as outlined in this Agreement shall constitute a breach. The non-breaching party may terminate the Agreement and seek damages for any harm caused by the failure to adhere to the standards. Remedies are cumulative.
Breach involving failure to provide necessary support services
This clause applies when failure to provide support services is considered a breach.
If the party responsible for providing support services fails to meet the obligations outlined in this Agreement, it shall be considered a breach. The non-breaching party may terminate the Agreement, seek damages, and request performance as outlined in the Agreement. Remedies are cumulative.
Breach due to failure to fulfill warranty obligations
This clause applies when failure to meet warranty obligations constitutes a breach.
If a party fails to fulfill any warranty obligations specified in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and demand compliance with the warranty terms. Remedies are cumulative and may be pursued concurrently.
Breach due to non-compliance with reporting deadlines
This clause applies when failure to meet reporting deadlines is considered a breach.
If a party fails to submit the required reports by the agreed-upon deadline, it shall constitute a breach of this Agreement. The non-breaching party may terminate the Agreement, seek damages, and pursue any other available remedies. All remedies are cumulative.
Breach involving failure to provide necessary documentation
This clause applies when failure to provide required documentation is considered a breach.
If a party fails to provide the necessary documentation specified in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and request the required documentation. Remedies are cumulative.
Breach due to failure to meet agreed milestones
This clause applies when failure to meet agreed-upon milestones results in a breach.
If a party fails to meet any milestone or deliverable deadlines set forth in this Agreement, it shall be deemed a breach. The non-breaching party may terminate the Agreement, seek damages for any delays, and pursue other remedies available under law. Remedies are cumulative.
Breach due to failure to meet confidentiality obligations
This clause applies when a failure to maintain confidentiality is considered a breach.
If a party discloses confidential information without the proper authorization, it will be considered a breach of this Agreement. The non-breaching party may terminate the Agreement, claim damages for any harm caused, and seek injunctive relief. Remedies are cumulative.
Breach due to breach of safety protocols
This clause applies when failure to comply with safety protocols constitutes a breach.
Failure to adhere to safety protocols outlined in this Agreement shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages for any harm caused, and require corrective actions. Remedies are cumulative.
Breach due to improper use of intellectual property
This clause applies when improper use or infringement of intellectual property constitutes a breach.
If a party uses intellectual property in a manner not authorized by this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and request immediate cessation of the unauthorized use. Remedies are cumulative.
Breach due to failure to meet compliance obligations
This clause applies when failure to meet compliance obligations constitutes a breach.
Failure to comply with the compliance obligations set forth in this Agreement shall be considered a breach. The non-breaching party may terminate the Agreement and seek any available remedies, including damages and specific performance. Remedies are cumulative.
Breach due to violation of non-compete agreement
This clause applies when a breach of the non-compete agreement occurs.
If a party violates the non-compete provisions outlined in this Agreement, it shall constitute a material breach. The non-breaching party may terminate the Agreement, seek damages, and request an injunction to prevent further violations. Remedies are cumulative.
Breach due to failure to perform under third-party contracts
This clause applies when a failure to perform obligations under third-party contracts constitutes a breach.
A failure to perform any obligations under third-party agreements, as outlined in this Agreement, shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and take corrective action as necessary. Remedies are cumulative.
Breach involving unauthorized modification of the Agreement
This clause applies when unauthorized modifications to the Agreement are considered a breach.
Any unauthorized modification, alteration, or change to the terms of this Agreement by either party shall be considered a breach. The non-breaching party may terminate the Agreement, seek damages, and request that the original terms be enforced. Remedies are cumulative.
Breach due to failure to meet service level agreements (SLAs)
This clause applies when the failure to meet SLAs constitutes a breach.
Failure to meet the service levels agreed upon in this Agreement shall be considered a breach. The non-breaching party may terminate the Agreement, seek liquidated damages, and pursue any other remedies as outlined in this Agreement. Remedies are cumulative.
Breach due to failure to cooperate in audits
This clause applies when failure to cooperate in audits is considered a breach.
If a party fails to cooperate in an audit or inspection required under this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages for any additional costs incurred, and pursue corrective actions. Remedies are cumulative.
Breach due to failure to meet financial obligations
This clause applies when failure to meet financial obligations results in a breach.
If a party fails to meet its financial obligations, including payments or fees, as outlined in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek payment of any outstanding amounts, and pursue additional remedies. Remedies are cumulative.
Breach due to violation of anti-corruption provisions
This clause applies when violations of anti-corruption provisions are considered a breach.
A breach of the anti-corruption provisions of this Agreement shall be considered a material breach. The non-breaching party may terminate the Agreement, seek damages, and report the breach to the appropriate authorities. Remedies are cumulative.
Breach involving failure to meet customer satisfaction requirements
This clause applies when failure to meet customer satisfaction expectations is a breach.
If a party fails to meet the customer satisfaction requirements specified in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages for any harm caused, and demand corrective action. Remedies are cumulative.
Breach due to failure to provide security measures
This clause applies when failure to provide required security measures constitutes a breach.
If a party fails to provide the necessary security measures as specified in this Agreement, it shall be deemed a breach. The non-breaching party may terminate the Agreement, seek damages for any security breaches, and require corrective action. Remedies are cumulative.
Breach due to failure to meet contractual deadlines
This clause applies when failure to meet contractual deadlines is considered a breach.
If a party fails to meet any of the deadlines set forth in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement and seek remedies, including compensation for any losses caused by the delay. Remedies are cumulative.
Breach involving failure to fulfill the scope of work
This clause applies when a party fails to fulfill its obligations under the scope of work.
Failure to fulfill the obligations set forth in the scope of work shall be considered a breach. The non-breaching party may terminate the Agreement, demand specific performance, and seek damages for any resulting losses. Remedies are cumulative.
Breach due to failure to comply with data privacy laws
This clause applies when failure to comply with data privacy laws results in a breach.
If a party fails to comply with applicable data privacy laws, such failure shall be considered a breach of this Agreement. The non-breaching party may terminate the Agreement, seek damages, and take any corrective action necessary to ensure compliance. Remedies are cumulative.
Breach due to failure to meet deliverable specifications
This clause applies when failure to meet agreed deliverable specifications is a breach.
If the goods or services delivered under this Agreement do not meet the agreed-upon specifications, it will constitute a breach. The non-breaching party may terminate the Agreement and seek damages for any losses or harm caused by the failure. Remedies are cumulative.
Breach due to unauthorized sub-contracting
This clause applies when unauthorized subcontracting is a breach.
If either party engages a subcontractor to perform its obligations under this Agreement without the prior written consent of the other party, it shall constitute a breach. The non-breaching party may terminate the Agreement and seek damages for any resulting losses. Remedies are cumulative.
Breach due to non-compliance with environmental laws
This clause applies when failure to comply with environmental laws constitutes a breach.
Failure to comply with environmental laws and regulations related to the performance of this Agreement shall be deemed a breach. The non-breaching party may terminate the Agreement, seek damages, and demand corrective actions to mitigate any environmental impact. Remedies are cumulative.
Breach due to failure to provide adequate customer support
This clause applies when a failure to provide customer support constitutes a breach.
If a party fails to provide the required customer support as outlined in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and require corrective measures to ensure proper support is provided. Remedies are cumulative.
Breach due to violation of exclusivity terms
This clause applies when violation of exclusivity terms results in a breach.
Any breach of the exclusivity terms outlined in this Agreement shall be considered a material breach. The non-breaching party may terminate the Agreement, seek damages, and demand specific performance of the exclusivity provisions. Remedies are cumulative.
Breach due to failure to comply with dispute resolution procedures
This clause applies when failure to follow dispute resolution procedures is considered a breach.
Failure to comply with the agreed dispute resolution procedures outlined in this Agreement shall constitute a breach. The non-breaching party may seek all available remedies, including termination of the Agreement and legal action. Remedies are cumulative.
Breach due to failure to meet warranty terms
This clause applies when failure to honor warranty terms is considered a breach.
If a party fails to fulfill the warranty obligations specified in this Agreement, it shall be considered a breach. The non-breaching party may terminate the Agreement, seek damages, and demand compliance with the warranty terms. Remedies are cumulative.
Breach due to non-compliance with key performance indicators (KPIs)
This clause applies when failure to meet KPIs is considered a breach.
If the agreed-upon key performance indicators (KPIs) are not met, it will constitute a breach of this Agreement. The non-breaching party may terminate the Agreement, seek damages for any business impact, and demand corrective actions. Remedies are cumulative.
Breach due to failure to maintain required certifications
This clause applies when failure to maintain required certifications is a breach.
If a party fails to maintain the necessary certifications or qualifications required to perform its obligations under this Agreement, it shall be considered a breach. The non-breaching party may terminate the Agreement, seek damages, and demand reinstatement of the required certifications. Remedies are cumulative.
Breach due to failure to comply with anti-money laundering (AML) regulations
This clause applies when failure to comply with anti-money laundering laws is a breach.
Failure to comply with applicable anti-money laundering (AML) regulations shall constitute a breach of this Agreement. The non-breaching party may terminate the Agreement, seek damages, and report the breach to relevant authorities. Remedies are cumulative.
Breach involving failure to fulfill contractual obligations in a timely manner
This clause applies when failure to perform timely is a breach.
Failure to perform any obligation within the time frame set forth in this Agreement shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and demand specific performance of the obligation. Remedies are cumulative.
Breach due to failure to maintain financial solvency
This clause applies when failure to maintain solvency is considered a breach.
If either party becomes insolvent or is unable to meet its financial obligations as set forth in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement and seek damages for any resulting losses. Remedies are cumulative.
Breach due to violation of consumer protection laws
This clause applies when violation of consumer protection laws is considered a breach.
Failure to comply with relevant consumer protection laws shall be considered a breach of this Agreement. The non-breaching party may terminate the Agreement, seek damages, and pursue any other available remedies. Remedies are cumulative.
Breach due to failure to meet regulatory approval requirements
This clause applies when failure to meet regulatory requirements constitutes a breach.
If a party fails to secure necessary regulatory approvals required to perform its obligations under this Agreement, it shall be deemed a breach. The non-breaching party may terminate the Agreement and seek compensation for any damages caused by the failure. Remedies are cumulative.
Breach due to failure to uphold agreed-upon deadlines for regulatory submissions
This clause applies when failure to meet regulatory deadlines is a breach.
If a party fails to submit regulatory filings by the agreed deadlines under this Agreement, it will constitute a breach. The non-breaching party may terminate the Agreement and seek any damages caused by the missed deadline. Remedies are cumulative.
Breach due to failure to provide proper training or education
This clause applies when failure to provide agreed training is considered a breach.
If the required training or educational services are not provided according to the terms of this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and require that the training be completed. Remedies are cumulative.
Breach due to failure to meet environmental sustainability targets
This clause applies when failure to meet sustainability targets constitutes a breach.
If a party fails to meet any environmental sustainability targets or obligations specified in this Agreement, it shall be considered a breach. The non-breaching party may terminate the Agreement and seek damages for any environmental or reputational harm caused. Remedies are cumulative.
Breach due to failure to implement corrective actions after a breach notice
This clause applies when failure to implement corrective actions is considered a breach.
If a party fails to implement corrective actions within the specified period after receiving notice of a breach, it shall constitute a further breach of this Agreement. The non-breaching party may terminate the Agreement, seek damages, and demand immediate corrective measures. Remedies are cumulative.
Breach due to failure to cooperate with investigations
This clause applies when failure to cooperate with investigations is a breach.
A failure to cooperate with any investigation or audit required by this Agreement shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages for any resulting costs or delays, and pursue any other available remedies. Remedies are cumulative.
Breach due to violation of fair trading obligations
This clause applies when violation of fair trading obligations is considered a breach.
If a party violates the fair trading obligations set forth in this Agreement, it shall be considered a breach. The non-breaching party may terminate the Agreement, seek damages, and pursue any additional remedies permitted by law. Remedies are cumulative.
Breach due to failure to provide acceptable subcontractor performance
This clause applies when subcontractor performance is inadequate.
If a subcontractor fails to meet the performance standards or obligations as outlined in this Agreement, the non-breaching party may terminate the Agreement, seek damages, and request that performance be corrected or replaced. Remedies are cumulative.
Breach due to failure to meet agreed service timelines
This clause applies when failure to meet service timelines constitutes a breach.
If a party fails to meet the agreed service timelines specified in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and demand corrective action to meet the agreed timelines. Remedies are cumulative.
Breach due to failure to notify of a potential conflict of interest
This clause applies when failure to disclose a conflict of interest is considered a breach.
If a party fails to notify the other party of any potential or actual conflict of interest that could affect the performance of the Agreement, such failure shall be deemed a breach. The non-breaching party may terminate the Agreement and seek any other legal remedies. Remedies are cumulative.
Breach involving failure to comply with data retention policies
This clause applies when failure to comply with data retention policies is a breach.
Failure to comply with the agreed data retention policies, including the failure to retain or delete data in accordance with this Agreement, shall constitute a breach. The non-breaching party may terminate the Agreement, seek damages, and require the data to be handled according to the agreed terms. Remedies are cumulative.
Breach due to failure to meet marketing obligations
This clause applies when failure to meet marketing obligations is considered a breach.
Failure to meet the marketing obligations outlined in this Agreement, such as advertising or promotions, shall be considered a breach. The non-breaching party may terminate the Agreement, seek damages for lost business, and pursue other remedies. Remedies are cumulative.
Breach due to failure to comply with reporting obligations to stakeholders
This clause applies when failure to report to stakeholders constitutes a breach.
A failure to comply with reporting obligations to stakeholders or regulatory bodies, as specified in this Agreement, shall constitute a breach. The non-breaching party may terminate the Agreement and seek damages for any resulting harm. Remedies are cumulative.
Breach due to failure to meet agreed communication standards
This clause applies when failure to meet communication standards is considered a breach.
If a party fails to meet the communication standards, including timely reporting or updates, set forth in this Agreement, it shall constitute a breach. The non-breaching party may terminate the Agreement, claim damages, and request that communication standards be immediately met. Remedies are cumulative.
Breach due to failure to provide the agreed-upon technology
This clause applies when failure to deliver or maintain technology is considered a breach.
If a party fails to provide or maintain the agreed-upon technology or infrastructure required to perform under this Agreement, such failure shall be a breach. The non-breaching party may terminate the Agreement, seek damages, and request corrective action. Remedies are cumulative.
Breach due to violation of contract exclusivity
This clause applies when a violation of exclusivity provisions constitutes a breach.
Any violation of the exclusivity terms set forth in this Agreement shall constitute a breach. The non-breaching party may terminate the Agreement, claim damages for any losses, and seek specific performance of the exclusivity provisions. Remedies are cumulative.
Breach due to failure to meet minimum purchase requirements
This clause applies when failure to meet minimum purchase requirements is a breach.
If a party fails to meet the minimum purchase requirements as outlined in this Agreement, it will be considered a breach. The non-breaching party may terminate the Agreement, seek damages, and pursue any other remedies available. Remedies are cumulative.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.