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With respect to the third element of the plaintiff claim, Baker failure to pay the annual fees undisputably constituted a breach of the Agreement. Baker testified in his deposition that he understood he would only receive tickets after he paid the annual fee. As Baker payment of the annual fee clearly was a condition precedent[7] to NBGC duty to transfer the tickets, the defendant failure to remit payment excused NBGC refusal to deliver the tickets.

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Date: February 28, 2016

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