Legally Operative Termination Clause Precluded Government from Asserting Common Law Prior Material Breach Defense in Breach of Contract Action; COFC 15-1034C, DNC Parks & Resorts at Yosemite, Inc.

Plaintiff’s motion for summary judgment is granted, where the government cannot use a defense of prior material breach to avoid paying termination costs to the plaintiff, where the contract included terms displacing the common law prior material breach defense, and expressly provided for compensation resulting from any termination, including a termination due to breach of contract.