Waiver of Contract Breach Template

Waiver is a defense to a breach-of-contract claim. It means that a person’s words or actions show that the person gave up a contractual right. Waiver is a risk to a party that is overly flexible or accommodating when faced with another party’s breach.

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WAIVER OF CONTRACT BREACH

[DATE]

[NAME OF OTHER PARTY TO AGREEMENT]

[OTHER PARTY’S ADDRESS]

Re: Waiver of Breach of Contract by [NAME OF OTHER PARTY TO AGREEMENT]

Dear [NAME],

As you are aware, [NAME OF PARTY TO CONTRACT SENDING LETTER] and [NAME OF OTHER PARTY TO AGREEMENT] entered into an agreement whereby [SUBJECT MATTER OF AGREEMENT] on or around [DATE] (the “Agreement”). 

As of the date of this correspondence, the Agreement is still in effect. However, on or around [DATE], the following occurred: [DESCRIBE BREACH IN DETAIL]. These events occurred in breach of Section [SECTION NUMBER] of the Agreement. However, on behalf of [NAME OF PARTY TO CONTRACT SENDING LETTER], the purpose of this correspondence is to provide notice that [NAME OF PARTY TO CONTRACT SENDING LETTER] has agreed to waive such breach and continue the Agreement in accordance with the terms therein. 

[This waiver is granted conditionally upon payment of [AMOUNT] on or before [DATE].]

The waiver described hereunder is expressly limited to the events described above and under no circumstances does the [NAME OF THE PARTY TO CONTRACT SENDING LETTER] waive any of its rights pursuant to the Agreement other than the specific waiver granted hereunder, including those rights pursuant to the material breach articulated above. 

Please articulate any disagreement with the statements made herein in writing on or before ten (10) days from the date of this correspondence. Such disagreement may be made in writing and delivered to the following address:

[C/O NAME]

[ADDRESS OF PARTY SENDING LETTER]

[EMAIL ADDRESS]

Sincerely,

[NAME OF REQUESTING PARTY]

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Template Documents Disclaimer:

Please read the following carefully. These terms about the templates (“Template Documents”) library (“Template Documents Disclaimer”) govern your use of the Template Documents and supplement the Concord Free Account Terms or the Concord Commercial Terms, whichever may be applicable to you and which is hereby incorporated by reference. All Template Documents are provided on a nonexclusive license basis only for your personal or internal business use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license.  Template Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy and/or appropriateness.  THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The Template Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions as the Template Documents are only samples and may not be applicable to a particular situation.