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In continuing contractual relationships, a warning or an opportunity to remedy a breach may be required before termination for good cause. This may affect distribution, licensing, services and commercial leases.

What we examine

  • Review the contract, obligations and agreed cure mechanisms.
  • Document the breach and request a practicable remedy.
  • Assess termination requirements, deadlines, damages and commercial consequences separately.

Key legal considerations

Leases and other specific contract types are subject to additional rules. A contractual complaint does not automatically entitle the sender to a penalty-backed undertaking. Nor does every breach justify immediate termination.

Illustrative practical example

A licensee uses software on more workstations than agreed. Before termination or a payment demand, the licence wording, usage, evidence and possible additional licensing are examined.

Documents for the review

The agreement and amendments, performance records, correspondence, payment history and evidence of the breach.

Advice and next steps

horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.

First steps · Undertakings · Court proceedings

Legal source: Official legislation. The assessment depends on the individual case.

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