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Notice of Breach with Opportunity to Cure

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Notice of Breach with Opportunity to Cure Powered By Docstoc
					This is a notice sent to a breaching party of a contract notifying them they are in breach.
Additionally, the non-breaching party grants the breaching party a specific number of
days to cure the breach pursuant to the original written contract. If the breaching party
fails to cure the breach within the specified number of days, the non-breaching party will
seek remedies permitted under the contract. This notice should be used by small
businesses or other entities that want to notify a breaching party that they are in breach
while granting them a grace period to cure the breach.
                           ___________ [Instruction: Insert Name of Non-Breaching Party]
                           ___________ [Instruction: Insert Address 1]
                           ___________ [Instruction: Insert Address 2]

                                                         ___________ [Instruction: Insert Date]

VIA FACSIMILE 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] v. ___________
[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].

        Paragraph __ [Instruction: Insert Paragraph Number] of the Agreement provides a
___________ (__) day [Instruction: Number of Days] cure period. Please be advised that if the
foregoing material breach is not cured within ___________ (__) days [Instruction: Number of
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,
including without limitation, termination of the Agreement.

        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.

          I look forward to hearing from you so that we may achieve an amicable resolution to this
matter.
Very Truly Yours,


________________________________
[Instruction: sign]
___________ [Instruction: Insert Name of
Signatory]
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Description: This is a notice sent to a breaching party of a contract notifying them they are in breach. Additionally, the non-breaching party grants the breaching party a specific number of days to cure the breach pursuant to the original written contract. If the breaching party fails to cure the breach within the specified number of days, the non-breaching party will seek remedies permitted under the contract. This notice should be used by small businesses or other entities that want to notify a breaching party that they are in breach while granting them a grace period to cure the breach.
This document is also part of a package Small Business Legal Toolkit 19 Documents Included