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Cure period clause: Copy, customize, and use instantly

Introduction

A cure period clause outlines the period during which a party in breach of the agreement has the opportunity to correct or remedy the default before any penalties, damages, or termination provisions take effect. This clause ensures that both parties have a fair opportunity to resolve issues before resorting to more drastic measures.

Below are templates for cure period clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.

Standard cure period clause

This version sets a basic cure period.

If either party fails to perform its obligations under this Agreement, the defaulting party will have [X] days from the receipt of written notice to remedy the breach. If the breach is not cured within this period, the non-defaulting party may seek remedies, including termination of the Agreement.

Cure period clause with provision for termination if not cured

This version includes termination provisions.

If a breach remains uncured after the cure period of [X] days, the non-defaulting party may, at its discretion, terminate the Agreement. The non-defaulting party may also seek any other available legal remedies for the breach.

Cure period clause with provision for cure at no cost

This version specifies that curing the breach will be done at no cost to the non-defaulting party.

If [Party B] breaches any material provision of this Agreement, it shall remedy the breach at its own cost within [X] days of receiving notice. If the breach is not cured within the cure period, [Party A] may terminate the Agreement and seek damages.

Cure period clause with provision for extending the cure period

This version allows an extension of the cure period.

If a breach is not cured within the initial cure period of [X] days, the defaulting party may request an extension of up to [Y] additional days. The extension will be granted at the non-defaulting party's discretion, based on the nature of the breach and the circumstances.

Cure period clause with provision for partial cure

This version applies to partial cures.

If [Party B] remedies a portion of the breach within [X] days, [Party A] may accept the partial cure and allow additional time to cure the remaining part of the breach. If the remaining breach is not cured within the extended period, the non-defaulting party may terminate the Agreement.

Cure period clause with provision for multiple breaches

This version applies to multiple breaches.

If [Party B] commits multiple breaches during the term of the Agreement, [Party B] will be given a cure period of [X] days for each breach. If any breach is not cured within the applicable period, [Party A] may terminate the Agreement.

Cure period clause with provision for extended cure period after multiple notices

This version includes multiple notices.

If [Party B] receives two or more written notices for breaches of this Agreement within a [X] month period, the cure period for subsequent breaches will be extended to [Y] days, provided [Party B] is actively working to resolve the issues.

Cure period clause with provision for failure to cure after first notice

This version applies after a first notice.

If [Party B] fails to cure the breach within [X] days after receiving the first written notice, [Party A] may issue a second notice with an additional [Y] days cure period. If the breach is still not cured, [Party A] may terminate the Agreement.

Cure period clause with provision for partial remedy

This version allows for partial remedy.

If a breach occurs, [Party B] has [X] days to cure the breach. If [Party B] remedies part of the breach within the cure period, [Party A] may agree to extend the cure period for the remainder of the breach up to [Y] days.

Cure period clause with provision for performance verification

This version includes performance verification.

After the breach is cured, [Party A] reserves the right to verify that the cure has been properly implemented. If the cure is deemed insufficient, [Party B] will be given a further [X] days to correct the performance, at which point the Agreement may be terminated if the breach continues.

Cure period clause with provision for cure involving third-party assistance

This version allows third-party assistance for curing.

If [Party B] fails to perform under this Agreement, the cure period will be extended by [X] days to allow [Party B] to engage a third-party consultant to assist in curing the breach. The third party must be approved by [Party A].

Cure period clause with provision for ongoing remedy during the cure period

This version allows ongoing remediation.

If a breach is identified, [Party B] must begin curing the breach immediately upon receiving notice and continue efforts to fully remedy the breach within the cure period of [X] days. Failure to show continued effort will result in termination of the Agreement.

Cure period clause with provision for written action plan

This version requires a written action plan.

If [Party B] fails to perform, [Party A] may request a written action plan detailing how the breach will be remedied. [Party B] must submit this plan within [X] days and remedy the breach within the following [Y] days. Failure to provide the plan or meet the deadlines may result in termination.

This version applies to payment-related breaches.

If [Party B] fails to make payment according to the terms of this Agreement, [Party B] will have [X] days to cure the non-payment by making the full payment. If payment is not received within the cure period, [Party A] may terminate the Agreement and seek damages.

Cure period clause with provision for independent verification of cure

This version includes independent verification.

After [Party B] claims to have cured a breach, [Party A] reserves the right to appoint an independent third party to verify that the breach has been fully cured. If the independent party determines the breach remains, the cure period will be extended for [X] additional days.

This version involves cost-sharing.

During the cure period, both parties agree to share the cost of remediation efforts if the breach is deemed to result from factors outside of [Party B]'s control. The allocation of costs will be determined by mutual agreement but will not exceed [X]% of the total project value.

Cure period clause with provision for non-performance after cure period

This version includes a non-performance consequence after the cure period.

If the breach is not remedied within the specified cure period of [X] days, the non-defaulting party may terminate this Agreement and demand any payments owed up to the point of breach, including damages for the period of non-performance.

Cure period clause with provision for cure for failure to meet milestones

This version applies to missed milestones.

If [Party B] fails to meet any milestone, [Party B] will have a cure period of [X] days from receiving notice to complete the milestone. Failure to meet the milestone within the cure period will result in the imposition of penalties and possible termination of the Agreement.

Cure period clause with provision for continuation of obligations during the cure period

This version allows for continued obligations during the cure period.

Despite a breach, both parties remain obligated to perform all other terms and conditions of this Agreement during the cure period. Failure to perform other obligations during this period may result in additional penalties or termination of the Agreement.

Cure period clause with provision for penalty reduction upon cure

This version reduces penalties after cure.

If [Party B] successfully cures the breach within [X] days, [Party A] may reduce the penalty fee to [Y]% of the original amount. If the breach is not cured within the period, the full penalty fee will be imposed.

Cure period clause with provision for monthly remedy deadlines

This version applies to monthly deadlines.

If [Party B] fails to meet the performance requirements of this Agreement, [Party B] has [X] days to remedy the breach. If the breach extends beyond [X] days, a new remedy deadline will be set for each subsequent month until the breach is fully cured.

Cure period clause with provision for specific cure actions

This version specifies specific cure actions.

In the event of a breach, [Party B] must undertake the following specific actions within the cure period: (1) Notify [Party A] of the steps being taken to remedy the breach; (2) Implement the required changes within [X] days; (3) Provide written confirmation of the cure. Failure to complete these steps within the cure period may lead to termination.

Cure period clause with provision for no cure option in certain breaches

This version applies to certain breaches that cannot be cured.

In the event of a material breach that cannot be cured within the cure period of [X] days, such as a breach of confidentiality or intellectual property rights, [Party A] may immediately terminate this Agreement without the opportunity for a cure.

Cure period clause with provision for cure through a subcontractor

This version allows for curing through a subcontractor.

If [Party B] is unable to remedy a performance breach, [Party B] may subcontract the remedial work to an approved subcontractor. The subcontractor must complete the necessary work within the cure period, and [Party B] will remain responsible for ensuring the cure is successful.

Cure period clause with provision for termination upon failure to cure

This version applies automatic termination after failure to cure.

If [Party B] fails to cure the breach within [X] days, [Party A] may immediately terminate this Agreement without further notice or opportunity to cure and seek damages for any losses caused by the breach.

Cure period clause with provision for mitigating efforts during the cure period

This version includes mitigation efforts.

During the cure period, the defaulting party must make reasonable efforts to mitigate any damages caused by the breach. If the breach is not remedied within the specified period, the non-defaulting party may seek further remedies, including termination of the Agreement.

Cure period clause with provision for extension due to force majeure

This version extends the cure period in case of force majeure.

If a force majeure event delays the performance of obligations under this Agreement, the cure period will be extended by the duration of the force majeure event. The defaulting party must notify the other party immediately of such events.

Cure period clause with provision for mutual agreement on the cure period

This version requires mutual agreement on the cure period.

If a breach occurs, the defaulting party may request an extension of the cure period, which will only be granted with the mutual consent of both parties. The extension must be agreed upon in writing and will be based on the severity and nature of the breach.

Cure period clause with provision for cure without penalty

This version applies to non-material breaches.

For minor or non-material breaches, [Party B] will be given a cure period of [X] days to remedy the issue without the imposition of any penalty fees. However, if the breach remains uncured after the cure period, a penalty may apply.

Cure period clause with provision for cure by third-party service provider

This version allows for third-party involvement in curing the breach.

If [Party B] is unable to cure the breach within the cure period, [Party A] may allow [Party B] to engage a third-party service provider to remedy the breach. The third party’s performance will be evaluated, and if deemed satisfactory, the penalty fees may be waived.

Cure period clause with provision for payment of liquidated damages during cure period

This version includes liquidated damages.

If a performance shortfall occurs, [Party B] has [X] days to cure the breach. During the cure period, [Party B] will be required to pay liquidated damages of [X] dollars per day until the breach is resolved or the Agreement is terminated.

Cure period clause with provision for a termination option after multiple breaches

This version applies after multiple breaches.

If [Party B] fails to cure more than two breaches during the term of this Agreement, [Party A] may immediately terminate the Agreement, regardless of any cure period, and seek damages for any incurred losses.

Cure period clause with provision for notification of cure progress

This version requires progress notification.

During the cure period, [Party B] must provide written progress updates to [Party A] every [X] days, outlining the steps taken to resolve the breach. If sufficient progress is not demonstrated, [Party A] may extend the cure period or terminate the Agreement.

Cure period clause with provision for immediate remedy of minor breaches

This version applies to minor breaches.

In cases of minor breaches, [Party B] is required to immediately remedy the issue upon notification. If the issue remains unresolved after [X] days, [Party A] may impose penalties or terminate the Agreement.

Cure period clause with provision for payment suspension

This version applies to payment suspension.

If [Party B] fails to cure the breach within the specified cure period, [Party A] has the right to suspend any further payments due under this Agreement until the breach is remedied. If not remedied within [X] days, the Agreement may be terminated.

Cure period clause with provision for non-performance due to financial distress

This version applies to financial distress.

If a party fails to perform its obligations due to financial distress, the defaulting party may request a cure period of up to [X] days. During this period, the party must provide proof of efforts to address the financial distress and remedy the breach.

Cure period clause with provision for partial cure and continued obligations

This version allows for partial cure with continued obligations.

If [Party B] partially remedies the breach within the cure period, [Party A] may accept the partial cure and allow the remaining obligations to be fulfilled within an additional [X] days. [Party B] must continue to meet all other obligations during this extended period.

Cure period clause with provision for a formal review at the end of the cure period

This version includes a formal review.

At the end of the cure period, [Party A] will conduct a formal review to determine if the breach has been fully resolved. If the breach is not fully cured, [Party A] may terminate the Agreement and seek damages.

Cure period clause with provision for payment for incurred damages

This version requires payment for incurred damages.

If a breach is not cured within the cure period, the defaulting party will be required to pay [Party A] for any damages incurred due to the breach, including lost business, additional operational costs, or penalties.

This version applies to intellectual property breaches.

If [Party B] fails to perform under this Agreement with respect to intellectual property obligations, a cure period of [X] days will be allowed. Failure to cure within this period may result in immediate termination and damages for any intellectual property infringement.

Cure period clause with provision for automatic extension in case of ongoing issues

This version allows automatic extension.

If ongoing issues prevent [Party B] from fully curing the breach within the initial cure period, the cure period will automatically be extended for an additional [X] days upon mutual agreement of both parties.

Cure period clause with provision for termination after failure to cure