Selected Cases by Article & Issues
(1) The non-performing party may, at its own expense, cure any non-performance, provided that
(a) without undue delay, it gives notice indicating the proposed manner and timing of the cure;
(b) cure is appropriate in the circumstances;
(c) the aggrieved party has no legitimate interest in refusing cure; and
(d) cure is effected promptly.
(2) The right to cure is not precluded by notice of termination.
(3) Upon effective notice of cure, rights of the aggrieved party that are inconsistent with the non-performing party"s performance are suspended until the time for cure has expired.
(4) The aggrieved party may withhold performance pending cure.
(5) Notwithstanding cure, the aggrieved party retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Right to cure non-performance (see also Art. 5.1.3) | 2 |
| 1.1 | Notice of cure | |
| 1.2 | Appropriateness of cure | |
| 1.3 | Promptness of cure | |
| 1.4 | Proper forms of cure | |
| 1.5 | Aggrieved party's interest to refuse cure | |
| 2 | Right to cure not impaired by notice of termination | 1 |
| 3 | Suspension of remedies inconsistent with cure during time of cure | |
| 4 | Right to damages not impaired |