700.09 Existence &/or Failure of Condition Precedent--Conditional Promises As stated in Instruction 1, the third element [name of plaintiff] must prove is [name of defendant]'s failure to perform the obligations under the contract. In this case [name of defendant] [names of defendants] claim[s] the parties agreed that [name of defendant] did not have to keep [his] [her] [its] [their] promise unless [insert condition]. [Name of plaintiff] has the burden of proving this condition was not part of the contract. If you find this condition was part of the contract, you must then decide whether the [insert condition] occurred. If [insert condition] did not occur, then [name of plaintiff] cannot recover. OR [In order to recover, [name of plaintiff] claims and has the burden to prove both that the condition occurred and [name of defendant] [names of defendants] did not do what the contract required [him] [her] [it] [them] to do.] You will address these issues on questions [__], [__] on your verdict.