| Commentary

23.5 Termination for breach

| Commentary

23.5 Termination for breach

It is customary to provide that certain specified kinds of default will entitle the innocent party to terminate the agreement. The description of the particular events that will constitute such a breach will vary from contract to contract and as such are, strictly, ‘boilerplate’ provisions, but such events will typically include failure of consideration: usually, failure to make the due payments under the agreement, and persistent failure to remedy a breach. For example:

‘Either party may terminate this agreement on the occurrence of any of the following events:

  1. (a)    failure by the other party to pay any amount

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