A contract can also expressly provide for termination on an event which would not otherwise be regarded as a repudiatory breach allowing for termination at common law some contracts allow for termination in the event of a material or substantial breach such as breach of confidentiality or a failure to pay or if there are repeated breaches. A breach of a condition will give rise to the right of termination of contract whereas a breach of a warranty does not a breach of an innominate intermediate term may give rise to a right of termination of contract only if it is a fundamental term that goes to the heart of the contract warranties conditions and intermediate terms. Terminating for breach of contract has there been a breach the general rule is that a party to a contract must perform precisely what they agreed to do if a party fails to do this they will be in breach of contract in order to determine whether a party is in breach of contract the following two stage approach is taken. Termination for breach either party may terminate this agreement in the event the other party shall have breached or defaulted in the performance of any of its material obligations hereunder and such default shall have continued for ninety 90 days after written notice thereof was provided to the breaching party by the non breaching party
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