A party who suspects the other party of breaching a restraint of trade clause cannot withhold contractual payments while continuing to accept performance of services; the party must either accept the repudiation or continue to perform its own obligations. Where there is no nexus between a vendor's breach of a restraint clause and the purchaser's withholding of payment, the vendor's unaccepted repudiation does not preclude the vendor from exercising a contractual right to terminate for the purchaser's breach. In the context of restraint of trade clauses on sale of a business, there is a distinction between preparatory steps preceding the establishment of a competing business and actually being 'engaged' in such a business.
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