Clause Guide

Termination for Breach clause: meaning, risks, and what to negotiate

Allows a contract to be terminated if one party materially breaches the agreement.

What it means

Termination rights protect parties when the other side fails to meet key obligations.

Common risks

3 risks identified
The breach definition may be too narrow.
Cure periods may delay termination.
You may have fewer termination rights than the other party.

What to check before signing

Checklist
What counts as a material breach?
Is there a cure period?
Are termination rights mutual?

Negotiation ideas

Actionable
Define material breach clearly.
Keep cure periods reasonable.
Ensure both parties have similar termination rights.

Example clause

Either party may terminate this Agreement if the other party materially breaches the Agreement and fails to cure such breach within thirty (30) days.

Frequently asked questions

1 questions
What is a material breach?

A material breach is a serious failure that defeats the main purpose of the contract.

Want help reviewing the full contract?

A single clause rarely tells the whole story. Scan the full agreement to spot risks, missing protections, and negotiation points across the whole document.

This guide is for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction. Consult a qualified attorney for your specific situation.