# Anticipatory Breach Contract Agreement
**This Anticipatory Breach Contract Agreement (the "Agreement") is made and entered into as of [Date], by and between:**
**Party A:**
[Full Name]
[Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
**AND**
**Party B:**
[Full Name]
[Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
## 1. **Purpose of the Agreement**
The purpose of this Agreement is to outline the terms and conditions concerning the anticipatory breach of contract, which may result from the actions or inactions of either party that could reasonably be expected to indicate non-performance of a contractual obligation prior to the due date of performance.
## 2. **Definition of Anticipatory Breach**
An anticipatory breach occurs when one party to a contract indicates, through a statement or conduct, that they will not perform their contractual obligations before the performance is due.
## 3. **Obligations of the Parties**
### 3.1 **Party A’s Obligations**
- Party A agrees to fulfill the following obligations as outlined in [Specify Contract Title or Number] (the "Underlying Contract").
- Specific obligations include:
- [Detail specific obligations of Party A]
- [Detail additional obligations if necessary]
### 3.2 **Party B’s Obligations**
- Party B agrees to fulfill the following obligations as outlined in the Underlying Contract.
- Specific obligations include:
- [Detail specific obligations of Party B]
- [Detail additional obligations if necessary]
## 4. **Notification of Anticipatory Breach**
1. If either party believes that the other party may commit an anticipatory breach, the affected party must notify the breaching party in writing at least [Number] days prior to the date that performance is due.
2. The notification should include:
- A clear description of the anticipated breach.
- Evidence or reasoning supporting the belief of non-performance.
## 5. **Response to Notification**
1. Upon receipt of the notification, the breaching party has [Number of Days] days to:
- Confirm that performance will occur as stipulated in the Underlying Contract.
- Provide an explanation of circumstances that may prevent performance.
2. If the breaching party fails to respond within the specified time, it shall be deemed an anticipatory breach.
## 6. **Rights and Remedies**
1. Upon a determination of anticipatory breach:
- The non-breaching party shall be entitled to seek remedies, including but not limited to:
- Termination of the Underlying Contract.
- Damages for any losses incurred as a result of the anticipatory breach.
2. The non-breaching party may also pursue specific performance, depending on the nature of the contract and the jurisdiction.
## 7. **Governing Law**
This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
## 8. **Entire Agreement**
This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior written or oral agreements.
## 9. **Amendments**
Any amendments to this Agreement must be in writing and signed by both parties.
## 10. **Severability**
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will remain in full force and effect.
## 11. **Signatures**
By signing below, the parties confirm their agreement to the terms and conditions set forth in this Anticipatory Breach Contract Agreement.
**Party A:**
_________________________
[Full Name]
[Date]
**Party B:**
_________________________
[Full Name]
[Date]
*This document template is for informational purposes only and does not constitute legal advice. It is recommended that parties consult with legal counsel before entering into any contractual agreements.*