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
- • Cure 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
- • How long is the cure period?
- • Does it apply to all breaches or only certain breaches?
- • Are repeated breaches treated differently?
Negotiation ideas
- • Use 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
What is a right to cure?
It is the opportunity to fix a contractual breach before termination or other major remedies apply.
Related clauses
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