61652

Exceed Resources, Inc.

June 11, 2020Judge O'Connell
Denied / Government PrevailedTermination for ConvenienceContract Formation / ExistenceAccord & Satisfaction / Release / Waiver

Exceed Resources, Inc. appealed a decision regarding claims for breach of contract damages after a termination for convenience by NASA. The Board granted NASA's motion for partial summary judgment, denying Exceed's claims.

Material Facts

  • Exceed Resources, Inc. entered into a five-year indefinite-delivery, indefinite-quantity contract with NASA.
  • The contract was signed on June 2, 2015, and included a termination for convenience clause.
  • On July 28, 2015, the parties signed a modification terminating the contract for the government's convenience.
  • The modification included a release of claims against the government.
  • Exceed submitted a claim for $2,576,370 in breach of contract damages on September 6, 2017.

Parties

Appellant
Exceed Resources, Inc.
Respondent Agency
National Aeronautics and Space Administration
Contract Number
NNJ15RA22B
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