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Notice Of Objection To Course Of Performance (Type 1)
NOTICE OF OBJECTION TO COURSE OF PERFORMANCE-TYPE 1
[Date]
[First Name of Recipient] [Last Name of Recipient]
[Company's Name of Recipient]
[Address of Recipient]
[City of Recipient], [State of Recipient]
[Zip Code of Recipient]
Dear [Mr./Mrs.] [Last Name of Recipient]:
It is noted that Section [Section Number] of our agreement dated [Date of agreement], relating to the purchase of [Quantity] [Type of goods] for $ [Purchase price] Dollars, requires that you shall perform in the following manner: [Manner of performance]. It has been brought to my attention that in a number of instances you have not followed the provisions of Section [Section Number]. These violations of Section [Section Number] have occurred in the following manner and on the following dates: [Description of violations].
While I am willing to waive the departures from the exact terms of the agreement you have made to date, I now formally object to the course of performance you have followed and refuse to accept the course of performance as being a binding construction by us of the meaning of our agreement. I insist that our written agreement be regarded as the final and only expression of the understanding between us and that in the future you adhere strictly to its provisions.
I request that you furnish satisfactory assurance of performance in the future by [Date to cure defect by].
Dated:
signature