Common use of Discharge through anticipated breach Clause in Contracts

Discharge through anticipated breach. If it becomes apparent in the period prior to fulfilment that the Supplier will be in such breach of the Contract that this would give the Buyer the right to discharge, the Buyer may discharge the Contract prior to the time of fulfilment. The Supplier may avoid discharge by providing adequate security that its obligations will be fulfilled. If possible, the Buyer shall notify the Supplier so that it has opportunity to provide security in order to avoid discharge.

Discharge through anticipated breach. If it becomes apparent in the period time prior to fulfilment that the Supplier Buyer will be in such substantial breach of the Contract that this would give entitle the Buyer the right Supplier to discharge, the Buyer Supplier may discharge the Contract prior to the time of fulfilment. The Supplier Buyer may avoid discharge by providing adequate security that its obligations will be fulfilled. If possible, the Buyer Supplier shall notify the Supplier Buyer so that it has opportunity to provide security in order to avoid discharge.