Clause Guide
Right to Cure Clause clause: meaning, risks, and what to negotiate
Gives a party time to fix a breach before stronger remedies apply.
What it means
A cure period can prevent immediate termination, but long cure rights can also delay action against serious underperformance.
Common risks
3 risks identifiedCure periods may be too long.
The clause may apply to serious breaches that should allow immediate action.
One party may get more favorable cure rights than the other.
What to check before signing
ChecklistHow long is the cure period?
Does it apply to all breaches or only certain breaches?
Are repeated breaches treated differently?
Negotiation ideas
ActionableUse shorter cure periods for important obligations.
Allow immediate action for serious or non-curable breaches.
Make cure rights mutual.
Example clause
If either party materially breaches this Agreement, the non-breaching party may terminate if the breach is not cured within fifteen (15) days after written notice.
Frequently asked questions
1 questionsWhat is a right to cure?
It is the opportunity to fix a contractual breach before termination or other major remedies apply.
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