In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: evidence to conclude that the government’s conduct in this case amounted to a material breach, it denied Malone’s appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts § 241(e) (1981), “the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing” is a significant factor in determining whether that party’s breach is material. The Restatement also states that “[sjubter-fuges and evasions violate the obligation of good faith,” as does lack of diligence and interference with or failure to cooperate in the other party’s performance. Id. § 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons’ Co. v. United States, 151 
 Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination
[A]: (C)


[Q]: terms, “pending” refers to the status of an action before a final decision on the merits. Beetham v. Georgia-Pacific, 87 Or App 592, 743 P2d 755 (1987); see also Webster’s Third New Int’l Dictionary, 1669 (unabridged ed 1993) (pending means “not yet decided”). Although that meaning is useful in determining whether an action remains pending, it does not fully resolve the problem before us, which is to determine when an action becomes pending. The solution to that problem, however, is readily apparent from relevant contextual sources. ORCP 3 provides that an action is commenced by the filing of a complaint rather than by service of summons. An action becomes pending when it is commenced. See Fremont Indemnity Co. v. Corbett, 66 Or App 668, 672, 675 P2d 1097, rev den 297 Or 340 (1984) (<HOLDING>). Therefore, after a complaint is filed, an 
 Holding statements: (A) holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens (B) holding that the relevant time of inquiry is the date of the filing of the complaint (C) holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending (D) holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate (E) holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing
[A]: (C)


[Q]: evidential basis for the court’s conclusion of liability, although what it was is unknown to us. However, if the finding of liability had no evidential basis, that fact would provide an additional ground for reversal in this case. We find that Newman had no obligation in the proof hearing to demonstrate fault on the part of the settling tortfeasors, with the exception of Rosalie Holmes, upon whose liability that of Dean depends. Dean did not appear in the action, and he thus filed neither a erossclaim for contribution nor any other document that would provide notice to Newman that he was asserting a right to a credit based upon the settlements reached in the matter. Thus his right to an apportionment of damages was waived. See Young v. Latta, 123 N.J. 584, 596-98, 589 A.2d 1020 (1991) (<HOLDING>). See also Green v. General Motors Corp., 310 
 Holding statements: (A) holding that for an act to be inconsistent with the right to arbitrate and thus constitute a waiver of that right it must repudiate the right of the party who does the act (B) recognizing a right to contribution (C) recognizing that a claim is an assertion of a right and if there is no assertion of a right there is no claim to deduct (D) holding that the right of a nonsettling defendant to a credit as the result of a settlement with a codefendant can be asserted without a crossclaim for contribution but that fair and timely notice to plaintiff of an assertion of that right must be given (E) holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error
[A]:
(D)