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Risk & Liability

Cure Period

Also called: Cure Provision · Right to Cure · Remedy Period

A cure period gives a party in breach a defined window — commonly 15 to 30 days — to fix the problem before the other party can terminate or claim damages. Without one, even a minor or accidental breach can trigger immediate termination rights.

In more detail

Termination is a severe remedy, and most commercial parties don't actually want to end a working relationship over a single missed deadline or a curable error. A cure period converts "breach equals termination" into "breach equals a chance to fix it first."

Not every breach should be curable. Confidentiality breaches, IP infringement, and insolvency are typically excluded from cure rights entirely — some things can't meaningfully be "fixed" after the fact, and a cure period there would just delay an inevitable and necessary termination.

The clause needs to specify what starts the clock (notice of breach, or the breach itself), how long the window is, and what happens if the breach isn't cured in time — usually a right, not an obligation, to terminate.

Example

A vendor misses a delivery deadline. Rather than the customer terminating immediately, a 15-day cure period requires the customer to give written notice and wait 15 days to see if the vendor delivers, before termination becomes available.

What our lawyers check

  • Whether a cure period exists, and how long it is relative to the type of breach
  • What breaches are excluded from the right to cure
  • What triggers the clock — notice, or the breach itself
  • Whether the cure right is symmetrical between both parties

Contracts where this clause matters

Related terms

This definition is general information about commercial contracting practice, not legal advice. How a clause operates depends on the specific wording of your agreement and the law that governs it. For advice on your contract, have it reviewed by a lawyer.

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