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of <h1>Party can terminate contract if other fails to perform, unless they accept continuation; claims for damages remain.</h1> When a party to a contract refuses or is unable to fulfill their promise entirely, the other party may terminate the contract unless they have indicated acceptance of its continuation through words or actions. For instance, if a singer fails to perform as agreed and the theater manager does not object, the manager cannot terminate the contract but may seek compensation for any resulting damages.
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