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In the case of a breach of contract, the non-breaching party should start by sending the breaching party a written notice of breach of contract and demand that the breaching party immediately remedy the breach. The notice should include a deadline within which to remedy the breach.
If the breaching party remedies the breach, the matter is closed.
If the breaching party does not remedy the breach or does not respond to the notice, the next step is to file suit against the breaching party. When filing suit, the non-breaching party should refer to the contract to check where a law suit must be brought (choice of venue clause) and whether there is a requirement that any dispute be brought before mediation or arbitration, as opposed to court.
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