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would prevent such a drastic and unfair condition. Lucas wouldhave to pay Ziming Enterprises for the construction of the building.However, Lucas may deduct the cost of replacing the tile orany other damages suffered as a result of Ziming’s failure toperform correctly.Tender of PerformanceA party can fulfill the terms of a contract by performing an act orby paying money. A tender is an offer to do what you have agreed todo under a contract. If you agree to buy a car, for example, makingtender would be offering to pay the money at the agreed time for performance.If you were selling a car, making tender would be offering togive the car to the buyer at the agreed time. It is important to make tendereven if you know the other party will not perform his or her part ofthe contract. In some states, making tender is necessary to test the otherparty’s willingness and ability to perform. If neither party has madetender, then neither party is in a position to bring suit against the other.A Contract with CupidMatchmaking services are plentiful these days. Many people are lookingfor love but have no time to find it. Some matchmaking and dating servicesrequire an up-front payment of half the total fee upon signing a contract.Contracts usually stipulate a specific number of referrals or dates. The balanceof the fee is often due on completion of the service.Most matchmaking contracts obligate the customer to make full payment,regardless of whether he or she finds true love. Even if the customer never usesor refuses to continue using the service at some point before the agreement hasexpired, the contact is enforceable once it is signed.One cannot simply end a contract because he or she becomes bored witha service. However, a few states give customers 30 days to cancel a contractfor dating services. If state law offers no relief, other options may beconsidered. These options include selling the membership to someone else orappealing to the manager’s sense of customer relations in refunding all or partof the purchase price.Research Check to see if your state has a law regulating dating services. If so,is there a refund policy mandated by the state?228 Unit 2: Entering Into Contracts