A contract with no determined duration and which can no longer be terminated for non-performance (since termination did not take place earlier,even though there was evidence of non-performance),is called an evergreen contract.

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An evergreen contract is a type of contract with no determined ending date and typically renews automatically on a periodic basis. Additionally, once an evergreen contract has been renewed, it can often only be terminated with prior notice, rather than for non-performance.

A Contract with No Determined Duration and Which Can No