The common intention required for rectification of a contract is subjective, not objective. Where parties have purposely and deliberately chosen the words of their contract, clear and convincing proof is required that they held a common intention contrary to those words and that the words were chosen by mistake. A court cannot ignore a finding that a party's subjective intention was not established and rely solely on correspondence or conduct to find a 'common intention'. Where an option to renew requires compliance with obligations 'at all times during the Term', any breach before expiry of the term invalidates the exercise of the option, even if the breach occurs after notice of exercise is given.
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