Onder 26 Hoge Raad 2 februari 2018

In the event either Party considers that any other Party to be in default of any provision of this Agreement, such Party shall provide notice in writing to the other specifically identifying the relevant part of the Agreement which has caused the breach or non-fulfilment of the Agreement, and the specific acts of the other Party which are believed to create a default. The Party to whom such notice is given shall have a term of sixty (60) days, from receiving the notice, to correct the matters or causes specified in the notice or otherwise correct such default. In the event such default cannot be corrected within the mentioned period of sixty (60) days, the notified Party shall inform the notifying Party to that effect and to immediately commence activity directed towards correction of such default and to diligently pursue the same until correction has occurred, unless the notifying Party has notified the defaulting Party in writing that the proposed cure or schedule is unacceptable. In the event such default is not cured, or such action taken and diligently pursued within said sixty-(60)-days period, or within such additional time as the notifying Party in its reasonable discretion may provide, does not succeed, the Party which has been aggrieved by such default may, without prejudice to any other legal or equitable right such Party may have with respect to the relevant default, terminate this Agreement by giving notice of termination, effective thirty (30) days after the expiration of the initial sixty-(60)-days cure period.

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