97, 470 F.2d, 542 (1972) for the proposition that “[a] contract requirement for the benefit of a party becomes dead if that party knowingly fails to exact its performance, over such an extended period, that the other side reasonably believes the requirement to be dead.” Id. at 554. Gresham is distinguishable from the facts in the present case. The court in Gresham agreed with plaintiffs waiver argument because the facts showed that defendant had waived a specific requirement in thirty-six contracts with the same party. Id. at 555. Here, HCFA’s single act of waiving its right to establish final indirect cost rates in the 34 contract does not extend to the government’s remaining contracts with Data. See Doyle Shirt Mfg. Corp. v. United States, 199 Ct.Cl. 150, 154, 462 F.2d 1150 (1972) (<HOLDING>); Int’l Res. Recovery, Inc. v. United States,
holding that the government was not bound by its waivers in three prior contracts holding that agency is bound by its regulations holding appellate waivers are enforceable if invoked by the government holding that a panel of this court is bound by a holding of a prior panel but is not bound by a prior panels dicta holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous