Notice of Breach and Termination of Agreement

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					This is a notice sent to the breaching party of a contract notifying them that they are in
material breach of the contract. Additionally, the non-breaching party informs the
breaching party that it intends to terminate the contract as well as collect damages that
resulted from the material breach. This notice should be used by small businesses or
other entities that want to notify an opposing party of a breach and termination of an
existing contract.
      Notice of Breach and Termination of Agreement
          ___________ [Instruction: Insert Name of Non-Breaching Party]
                   ___________ [Instruction: Insert Address 1]
                   ___________ [Instruction: Insert Address 2]

                                                  ___________ [Instruction: Insert Date]

VIA FASCIMILE AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED

___________ [Instruction: Insert Name of Breaching Party]
___________ [Instruction: Insert Address 1]
___________ [Instruction: Insert Address 2]

      RE: ___________ [Instruction: Insert Name of Non-Breaching Party] -w-
___________ [Instruction: Insert Name of Breaching Party]

Dear ___________ [Instruction: Insert Name of Breaching Party]:

       Reference is hereby made to a certain agreement dated ___________
[Instruction: Insert Agreement Date], by and between ___________ [Instruction:
Insert Name of Non-Breaching Party] (henceforth, the “Non-Breaching Party”), on the
one hand and ___________ [Instruction: Insert Name of Breaching Party] (henceforth,
the “Breaching Party”), on the other hand, in connection with ___________ [Instruction:
Insert What Agreement Was About] (henceforth, the "Agreement").

       This letter shall constitute formal notice that the Breaching Party is in material
breach of the Agreement. Paragraph __ [Instruction: Insert Paragraph Number] of the
Agreement provides, in pertinent part, “___________ [Instruction: Insert A Quote of
The Language of Contract that Breaching Party is Breaching].” The Breaching
Party’s has blatantly materially breached this obligation by ___________ [Instruction:
Insert Facts Of Breaching Party’s Breach].

        Based on the foregoing, the Non-Breaching Party is exercising the Non-Breaching
Party’s contractual right to terminate the Agreement and this letter shall constitute formal
notice of such termination. All rights granted by the Non-Breaching Party are hereby
rescinded. Without prejudice to the rights of the Non-Breaching Party, demand is hereby
made that the Breaching Party immediately confirm in writing that it acknowledges that
the Agreement has been terminated. In absence of such writing, without further notice,
the Non-Breaching Party will take any and all action necessary to protect the Non-
Breaching Party’s rights under the Agreement to the fullest extent of the law.

      In addition, as a result of said breach, the Non-Breaching Party has suffered actual
damages in the amount of ___________________ Dollars ($_____) [Instruction: Insert
Amount] (“Actual Damages”), as further described in the ledger annexed hereto. Please
be advised that if complete payment of the Actual Damages is not received by the Non-
Breaching Party within thirty (30) days from the date of this letter, the Non-Breaching
Party will immediately, and without further notice, pursue all of its legal and equitable
rights and remedies with respect to this matter.

        Please note that the foregoing is not intended to be a full and complete statement
of the facts and circumstances attendant to this matter. Nothing contained herein or
omitted herefrom shall be deemed to be an admission of any fact or a waiver or
relinquishment of any of the Non-Breaching Party’s rights and remedies, in equity or at
law, all of which are expressly reserved.



                                             Very Truly Yours,


                                             ________________________________
                                             [Instruction: sign]
                                             ___________ [Instruction: Insert Name of
                                             Signatory]
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Description: This is a notice sent to the breaching party of a contract notifying them that they are in material breach of the contract. Additionally, the non-breaching party informs the breaching party that it intends to terminate the contract as well as collect damages that resulted from the material breach. This notice should be used by small businesses or other entities that want to notify an opposing party of a breach and termination of an existing contract.
This document is also part of a package Small Business Essential Documents 36 Documents Included