and Urban Dev., 124 F.3d 1439, 1442 (Fed.Cir.1997) (deciding employer materially breached settlement agreement thereby excusing employee from adhering to terms of agreement); Tretchick v. Dep’t of Transp., 109 F.3d 749, 753 (Fed.Cir.1997) (finding employer’s breach of settlement agreement did not amount to material breach that would excuse employee’s performance under agreement); Stone Forest Indus. v. United States, 973 F.2d 1548, 1551-52 (Fed.Cir.1992) (acknowledging Government’s prior material breach excused contractor’s subsequent breach of contract); Malone v. United States, 849 F.2d 1441, 1445-46 (Fed.Cir.1988) (not obligating contractor to proceed with performance after Government’s material breach); Sun Studs, Inc. v. ATA Equip. Leasing Inc., 872 F.2d 978, 992-93 (Fed.Cir.1989) (<HOLDING>); Joseph Morton Co., Inc. v. United States, 757
holding only a material breach discharges contractors duty to perform recognizing that where a plaintiff failed to perform because of the defendants breach the plaintiff could recover damages caused by the defendants breach holding that after jury findings of dual breach unchallenged finding that defendants breach was not excused based on prior material breach of plaintiff constituted implicit finding that there was no material breach by plaintiff holding plaintiff not required to perform its residual contract obligations after defendants material breach holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action