Specific performance clause: Copy, customize, and use instantly
Introduction
A specific performance clause outlines the remedies available to a party if the other party fails to fulfill its obligations under the agreement. It typically specifies that, instead of seeking monetary damages, the non-breaching party can request a court to compel the breaching party to perform its contractual duties as outlined in the agreement. This clause is particularly important for agreements where monetary compensation is inadequate to resolve the breach.
Below are templates for specific performance clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard specific performance clause
This version includes basic provisions for specific performance.
In the event of a breach of this Agreement, the non-breaching party may seek specific performance as a remedy. The breaching party shall perform its obligations under this Agreement in accordance with the terms and conditions outlined. The right to specific performance shall be in addition to, and not in limitation of, any other remedies available under the law.
Specific performance clause with provision for non-monetary remedy
This version applies to non-monetary remedies.
If any party fails to perform its obligations under this Agreement, the non-breaching party may request specific performance of the Agreement. The breaching party shall be required to perform the obligations specified in this Agreement rather than pay damages or compensation.
Specific performance clause with provision for failure to deliver goods
This version applies to failure to deliver goods.
If [Party B] fails to deliver the goods or services as required by this Agreement, [Party A] shall have the right to request specific performance. [Party B] will be compelled to deliver the goods or services according to the terms of the Agreement, even if monetary compensation would otherwise be available.
Specific performance clause with provision for performance in a timely manner
This version applies to timely performance.
The parties agree that time is of the essence in the performance of this Agreement. If [Party B] fails to perform its obligations within the agreed-upon timeframe, [Party A] may seek specific performance to ensure that [Party B] completes its obligations within a reasonable period after notice of default.
Specific performance clause with provision for court enforcement
This version applies to court enforcement.
In the event of a breach of this Agreement, either party may seek an order of specific performance from the competent court. The court may compel the breaching party to fulfill its obligations under this Agreement as agreed, and any failure to comply may be subject to enforcement by the court.
Specific performance clause with provision for partial performance
This version applies to partial performance.
If [Party B] performs only part of its obligations under this Agreement, [Party A] may request specific performance to ensure that the remaining obligations are fulfilled. The court may grant an order of specific performance requiring the breaching party to complete its duties in full.
Specific performance clause with provision for unique or irreplaceable performance
This version applies to unique or irreplaceable performance.
If the work or services required under this Agreement are unique or irreplaceable, and monetary damages would not adequately compensate [Party A], the non-breaching party may seek specific performance. The breaching party will be compelled to fulfill the Agreement in accordance with its terms, as the subject matter is irreplaceable.
Specific performance clause with provision for exclusion of damages
This version applies to the exclusion of damages.
In the event of a breach, the non-breaching party agrees that specific performance will be its sole remedy, excluding any claims for consequential, punitive, or indirect damages. The non-breaching party may not seek monetary damages but will be limited to the enforcement of specific performance.
Specific performance clause with provision for compelling delivery of property
This version applies to delivery of property.
If [Party B] fails to deliver the property as required by this Agreement, [Party A] shall have the right to request specific performance to compel the transfer of ownership or delivery of the property in accordance with the terms of this Agreement.
Specific performance clause with provision for financial obligations
This version applies to financial obligations.
If [Party B] fails to fulfill its financial obligations under this Agreement, [Party A] may seek specific performance to compel [Party B] to make payment or settle debts in accordance with the terms outlined, instead of seeking financial damages.
Specific performance clause with provision for exceptional circumstances
This version applies to exceptional circumstances.
Notwithstanding any other remedies available, [Party A] may seek specific performance if it determines that the breach of this Agreement has created exceptional circumstances where monetary compensation would be insufficient to remedy the situation. The court may issue an order for [Party B] to perform its obligations as originally agreed.
Specific performance clause with provision for application to all terms
This version applies to all terms of the Agreement.
If [Party B] breaches any material term of this Agreement, [Party A] may request specific performance to ensure that all obligations under the Agreement, including all terms and conditions, are met in full. Specific performance is not limited to any one provision but applies to the entire Agreement.
Specific performance clause with provision for compliance with regulatory requirements
This version applies to compliance with regulatory requirements.
In cases where [Party B] fails to comply with regulatory requirements that are part of this Agreement, [Party A] may seek specific performance to compel [Party B] to adhere to such legal or regulatory obligations as required by law.
Specific performance clause with provision for preventing harm
This version applies to preventing harm.
In the event that [Party B] fails to perform its obligations, and such failure may cause irreparable harm to [Party A], [Party A] may request an order for specific performance to prevent or mitigate such harm. The court may compel [Party B] to fulfill its obligations to avoid further damage.
Specific performance clause with provision for ongoing obligations
This version applies to ongoing obligations.
If [Party B] fails to perform any ongoing obligations under this Agreement, [Party A] may seek specific performance to ensure that the obligations continue to be met throughout the term of the Agreement, including after any breach has occurred.
Specific performance clause with provision for enforcement of non-compete
This version applies to non-compete enforcement.
If [Party B] breaches any non-compete provisions of this Agreement, [Party A] has the right to seek specific performance to enforce the non-compete clause and prevent [Party B] from engaging in competitive activities as defined in the Agreement.
Specific performance clause with provision for non-disclosure violations
This version applies to non-disclosure violations.
In the event of a breach of the confidentiality or non-disclosure provisions of this Agreement, [Party A] may seek specific performance to ensure that [Party B] complies with its confidentiality obligations, including the return of all confidential materials and cessation of any improper disclosures.
Specific performance clause with provision for resumption of services
This version applies to resumption of services.
If [Party B] fails to provide the services required by this Agreement, [Party A] may seek specific performance to compel [Party B] to resume providing the services as outlined in the Agreement, including meeting agreed-upon deadlines and performance standards.
Specific performance clause with provision for ongoing cooperation
This version applies to ongoing cooperation.
If either party breaches their obligations under this Agreement, the non-breaching party may seek specific performance to compel the breaching party to cooperate fully in good faith to resolve the breach and restore the Agreement’s effectiveness.
Specific performance clause with provision for immediate performance
This version applies to immediate performance.
If [Party B] breaches any material obligation under this Agreement, [Party A] may request immediate specific performance to compel [Party B] to fulfill its obligations as stipulated in the Agreement, without waiting for any further notice or delay.
Specific performance clause with provision for mutual performance
This version applies to mutual performance.
Both parties agree that in the event of a breach, they may seek specific performance, requiring the breaching party to fully perform their contractual duties as outlined in the Agreement. This remedy is available regardless of whether damages are sufficient to remedy the breach.
Specific performance clause with provision for partial performance
This version applies to partial performance.
If only a portion of the work or services under this Agreement is breached, [Party A] may request specific performance to require [Party B] to fulfill the remaining obligations, including delivering any unfinished deliverables as specified in the Agreement.
Specific performance clause with provision for non-monetary remedy
This version applies to non-monetary remedies.
The parties acknowledge that monetary damages may not adequately compensate for a breach of this Agreement. Accordingly, in the event of a breach, the non-breaching party may seek specific performance as a non-monetary remedy to enforce the terms of the Agreement.
Specific performance clause with provision for restoration of status quo
This version applies to restoration of status quo.
If any breach by [Party B] causes material disruption, [Party A] may seek specific performance to restore the status quo and compel [Party B] to reinstate the original terms and conditions of this Agreement.
Specific performance clause with provision for compliance with timelines
This version applies to compliance with timelines.
The parties agree that timely performance is critical to the success of this Agreement. In the event of a breach of any deadline or milestone, [Party A] may request specific performance to enforce adherence to the agreed timeline.
Specific performance clause with provision for contract enforcement
This version applies to contract enforcement.
In the event of a breach, [Party A] may seek specific performance, requiring [Party B] to perform all obligations under this Agreement as agreed, rather than pursuing claims for monetary damages.
Specific performance clause with provision for irrevocable obligation
This version applies to irrevocable obligations.
[Party B] acknowledges that certain obligations under this Agreement are irrevocable, and if breached, [Party A] may seek specific performance to compel [Party B] to fulfill these obligations, irrespective of other remedies.
Specific performance clause with provision for compliance with delivery
This version applies to delivery compliance.
[Party A] may request specific performance from [Party B] if [Party B] fails to deliver the required goods or services as outlined in this Agreement. [Party B] will be compelled to deliver the goods or services in full compliance with the terms.
Specific performance clause with provision for fulfilment of all terms
This version applies to the fulfillment of all terms.
In the event of a breach by either party, the non-breaching party may request specific performance to ensure that all contractual terms, including the performance of services and delivery of goods, are fulfilled in accordance with the Agreement.
Specific performance clause with provision for contractual breach in exclusivity agreements
This version applies to exclusivity agreements.
If either party breaches an exclusivity clause within this Agreement, the non-breaching party may seek specific performance to enforce the exclusivity provisions, ensuring that no unauthorized parties are involved in the performance of services under this Agreement.
Specific performance clause with provision for completion of work
This version applies to the completion of work.
In the event of a breach, [Party A] may request specific performance to compel [Party B] to complete the work outlined in this Agreement, including delivering all remaining services or goods as stipulated in the terms.
Specific performance clause with provision for no waiver of rights
This version applies to no waiver of rights.
The failure to seek specific performance after a breach shall not be considered a waiver of the right to demand performance in the future. [Party A] retains the right to request specific performance at any time during the term of this Agreement.
Specific performance clause with provision for liquidated damages as an alternative
This version applies to liquidated damages.
While the parties agree that specific performance may be sought in the event of a breach, [Party A] may also choose to claim liquidated damages in lieu of specific performance if such damages are more appropriate for the circumstances of the breach.
Specific performance clause with provision for continuous obligations
This version applies to continuous obligations.
[Party B] agrees that certain obligations under this Agreement, such as non-compete or confidentiality, are continuous in nature. In the event of a breach, [Party A] may seek specific performance to enforce these continuous obligations and ensure compliance.
Specific performance clause with provision for remedy in case of intellectual property breach
This version applies to intellectual property breach.
If [Party B] breaches any intellectual property terms of this Agreement, including unauthorized use or disclosure, [Party A] may request specific performance to compel [Party B] to cease the infringement and return or destroy any confidential or proprietary information.
Specific performance clause with provision for remedy in case of non-compete breach
This version applies to non-compete breach.
In the event that [Party B] breaches the non-compete clause of this Agreement, [Party A] may seek specific performance to ensure that [Party B] stops engaging in any competing activities and adheres to the terms of the non-compete agreement.
Specific performance clause with provision for third-party involvement
This version applies to third-party involvement.
If a third party becomes involved in a breach of this Agreement, [Party A] may seek specific performance to ensure that the third party adheres to the terms of the Agreement, including any necessary actions to ensure compliance by the third party.
Specific performance clause with provision for timely enforcement
This version applies to timely enforcement.
In the event of a breach, [Party A] may seek specific performance, and any delay in seeking specific performance shall not be deemed a waiver of the right to enforce the terms of the Agreement. Specific performance must be requested promptly after the breach is identified.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.