322. Occurrence of Agreed Condition Precedent Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The parties agreed in their contract that [name of defendant] would not have to [insert duty] unless [insert condition precedent]. [Name of defendant] contends that this condition did not occur and that [he/she/it] did not have to [insert duty]. To overcome this contention, [name of plaintiff] must prove that [insert condition precedent]. If [name of plaintiff] does not prove that [insert condition precedent], then [name of defendant] was not required to [insert duty]. ___________________________________________________________________________ New September 2003