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Article 909. Cure by debtor

(1) If performance is not in conformity with the terms regulating the obligation, the debtor may make a new and conforming tender if that can be done within the time allowed for performance.
(2) If the debtor cannot make a new and conforming tender within the time allowed for performance but, promptly after being notified of the lack of conformity, offers to cure it within a reasonable time and at the debtor’s own expense, the creditor may not pursue any remedy for non-performance, other than withholding performance, before allowing the debtor a reasonable period in which to attempt to cure the nonconformity.
(3) The creditor need not allow the debtor a period in which to attempt cure if:
a) failure to perform a contractual obligation within the time allowed for performance amounts to a fundamental non-performance;
b) the creditor has reason to believe that the debtor’s performance was made with knowledge of the non-conformity and was not in accordance with good faith and fair dealing;
c) the creditor has reason to believe that the debtor will be unable to effect the cure within a reasonable time and without significant inconvenience to the creditor or other prejudice to the creditor’s legitimate interests; or
d) the debtor rejects cure, cure is impossible or cure would be otherwise inappropriate in the circumstances.
(4) The debtor bears the costs of cure, in particular those relating to transport, travel, performance of work and procurement of materials.


Annotation:
Origin of the rule: Art. III. – 3:202 & III. – 3:203 DCFR

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