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The flexible concept of substantial compliance 'stands in sharp contrast to the requirement of strict compliance that protects a party that has taken the precaution of making its duty expressly conditional' (2 Farnsworth, Contracts § 8.12, at 415 [2d ed 1990]). If the parties 'have made an event a condition of their agreement, there is no mitigating standard of materiality or substantiality applicable to the non-occurrence of that event' (Restatement [Second] of Contracts § 237, comment d, at 220). Substantial performance in this context is not sufficient, 'and if relief is to be had under the contract, it must be through excuse of the non-occurrence of the condition to avoid forfeiture' (id.; see, Brown-Marx Assocs. v Emigrant Sav. Bank, 703 F2d 1361, 1367-1368 [11th Cir]; see also, Childres, Conditions in the Law of Contracts, 45 NYU L Rev 33, 35). 

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