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4. The Darren Allen Telephone Company entered into a contract with Microform Data Systems, Inc. (Microform), for Microform to provide a computerized assistance system
4. The Darren Allen Telephone Company entered into a contract with Microform Data Systems, Inc. (Microform), for Microform to provide a computerized assistance system that would handle 15,000 calls per hour with a one-second response time and with a "nonstop" feature to allow automatic recovery from any component failure. The contract called for installation of the host computer no later than mid-February of 2015. Microform was not able to meet the initial installation date, and at that time, it was determined that Microform was at least nine months away from providing a system that met contract specifications. The Darren Allen Telephone Company canceled the contract and sued Microform for damages. Did Microform materially breach the contract to allow recovery of damages? Check out Hawaiian Tel. Co. v. Microform Data Sys. Inc., 829 F.2d 919 if you want!
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