Conditions Excused
Excused
Failure to cooperate
Actual breach
Anticipatory repudiation
Inability or unwillingness to perform
Nonbreaching party can SUSPEND his/her performance UNTIL breachor assures
Substantial performance
Divisible K
2 or more parts
Number of parts is the same
Each party assumes risk for one part at a time
Waiver or Estoppel
Estoppel
Election
Does not waive damages for failure of condition
Only conditions that are ancillary or collateral (not main purpose of K)
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