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Contract Glossary

Right to Cure

Definition

A contractual provision giving a party that has breached or defaulted the opportunity to fix (cure) the problem within a specified timeframe before the other party can terminate the contract or pursue remedies. It's a second chance built into the agreement — a recognition that not every breach should be a deal-breaker.

In Practice

A SaaS vendor's platform goes down for 8 hours, breaching the 99.9% uptime guarantee in the service level agreement. Instead of letting the client terminate immediately, the contract includes a 30-day right to cure: the vendor must restore service and demonstrate compliance with the uptime SLA for 30 consecutive days. If they cure the breach within that window, the contract continues. If they fail, the client can terminate and pursue damages.

Example Clause

In the event of a material breach of this Agreement, the non-breaching party shall provide written notice specifying the nature of the breach. The breaching party shall have [30] days from receipt of such notice to cure the breach to the reasonable satisfaction of the non-breaching party. If the breach is not cured within the cure period, the non-breaching party may terminate this Agreement and pursue all available remedies.

Frequently asked questions about right to cure

No, and that's exactly why you should check. Many contracts allow immediate termination for any material breach without a cure period. If you're the party more likely to face breach allegations (vendor, contractor, tenant), negotiate for a right to cure — it protects you from losing the entire contract over a fixable mistake. If you're the buyer or client, you may prefer a shorter cure period or none at all for certain critical obligations.

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This content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.