2006 Code of Virginia § 59.1-507.3 - Cure of breach of contract

59.1-507.3. Cure of breach of contract.

(a) A party in breach of contract may cure the breach at its own expense if:

(1) the time for performance has not expired and the party in breachseasonably notifies the aggrieved party of its intent to cure and, within thetime for performance, makes a conforming performance;

(2) the party in breach had reasonable grounds to believe the performancewould be acceptable with or without monetary allowance, seasonably notifiesthe aggrieved party of its intent to cure, and provides a conformingperformance within a further reasonable time after performance was due; or

(3) in a case not governed by paragraph (1) or (2), the party in breachseasonably notifies the aggrieved party of its intent to cure and promptlyprovides a conforming performance before cancellation by the aggrieved party.

(b) In a license other than in a mass-market transaction, if the agreementrequired a single delivery of a copy and the party receiving tender ofdelivery was required to accept a nonconforming copy because thenonconformity was not a material breach of contract, the party in breachshall promptly and in good faith make an effort to cure if:

(1) the party in breach receives seasonable notice of the specificnonconformity and a demand for cure of it; and

(2) the cost of the effort to cure does not disproportionately exceed thedirect damages caused by the nonconformity to the aggrieved party.

(c) A party may not cancel a contract or refuse a performance because of abreach of contract that has been seasonably cured under subsection (a).However, notice of intent to cure does not preclude refusal or cancellationfor the uncured breach.

(2000, cc. 101, 996.)