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. 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. A breach of a condition or breach of an innominate aka intermediate term which deprives the innocent party of substantially the whole benefit of the contract are repudiatory breaches of contract and therefore sufficiently serious to terminate a contract a contract may set out a different standard of breach such as a
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