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Non-breaching Party
The party in a contractual agreement that has not failed to fulfill any terms of the contract, as opposed to the party that has broken the agreement.
Breach Of Contract
The failure to fulfill the terms of a contract by one or more parties involved in the contract.
Performing
The act of fulfilling a command, duty, or role as required or agreed.
Commercially Impracticable
This term refers to situations where fulfilling a contractual obligation has become excessively burdensome or impossible due to unforeseen events, making performance “commercially impracticable.”
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