Notice periods in the standard agreement

The standard agreement provides that either party may terminate on ninety days written notice. Notice is effective on the day it is received, not the day it is sent, and the ninety days run from that receipt.

Where a party is in material breach, the other party may terminate on thirty days notice provided the breach has not been cured within that period. A breach that is cured before the thirty days expire does not give rise to a right to terminate.

Neither period may be shortened by conduct. A party that continues to perform after giving notice does not thereby withdraw the notice.
