And such a stipulation, unless the parties have agreed that breach of it shall not entitle the non-defaulting party to treat the contract as repudiated, is a condition.
In practice, this means that the market trades normally, allowing the non-defaulting party to re-hedge positions and establish valuations with reasonable accuracy.
In the court's view, the inconvenience to the non-defaulting party of an indefinite contingent liability did not justify the extinction of the suspended obligations.
Quite often, the non-defaulting party may want to grant some additional time beyond the contractual cure period to the defaulting party to remedy the situation.
