Xxxxxx of Proof. The breaching party must prove the preconditions of an exemption.82 However, the 25 promisee must prove that proper notification has failed if she claims damages under Ar- ticle 79(4), second sentence.83 Article 80 CISG A party may not rely on a failure of the other party to perform, to the extent that such failure was caused by the first party’s act or omission.
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