Extract to table

In the event Buyer elects not to extend the term, or fails to deliver written notice of extension within the period specified herein, this Agreement shall expire at the end of the then-current term without further action by either Party

The clause uses the permissive "may" rather than "shall," confirming that exercise is discretionary

2d 685, 695 (1995) (emphasizing that express conditions must be literally performed); Joseph Martin Jr

2d 105, 109 (1981) (options must be construed according to their terms; courts will not supply missing terms to create an obligation where none exists)

" New York law is unequivocal on this point: lost profits are recoverable only if they are proven with reasonable certainty; they must not be remote, speculative, or contingent upon uncertain future events

2d 257, 261 (1986), where the Court of Appeals held that lost profits must be "capable of proof with reasonable certainty" and that "[m]ere speculation or conjecture is not enough