Listen Mark enters into a verbal contract with Best Ltd. to investigate their operations and their accounting systems, make recommendations as to how to improve them, and help implement the changes Best Ltd accepts. In the negotiations, Mark makes it clear that he cannot give Best Ltd. a definite timetable and that it is clear that the whole process will take longer than a year. Part of their agreement is that either party may terminate the contract on 60 days' written notice to the other if the work is progressing unsatisfactorily. The agreement that the arrangement can be terminated is a condition precedent an implied term of the contract a collateral agreement past performance a condition subsequent