When relationships deteriorate, timing matters more than definitions.
Three levers that control timing risk
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Notice period
How long before termination becomes effective (10/30/60+ days). -
Cure period
Whether the allegedly breaching party gets time to fix the issue and stop termination. -
What can be cured
Some breaches are typically curable (missed SLA, late payment); others are often treated as non-curable (certain confidentiality or IP breaches).
Commercial lens
- Short notice + no cure = higher “shutdown risk.”
- Meaningful cure + longer notice = more time to stabilize, negotiate, or transition.
A “standard” termination clause can still be high-risk if it allows fast termination in a way that doesn’t match the operational impact of a shutdown.