A party who disputes the validity of a contractual notice but gives a conditional response (e.g., 'if your notice is valid, then I elect to suspend') does not thereby waive or elect to treat the invalid notice as valid, provided the conditional nature of the response is clear from the document read as a whole and in context. The doctrine of election between inconsistent contractual rights does not apply where the party relies simply upon the absence of a legal right in the other party, rather than choosing between two rights of its own. Market Pricing Evidence in a price adjustment clause must provide a price current at the date of the notice, not merely a price for future supply.
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