Ténarès develops bespoke software with an expected margin of 35%, well above the operating margin of 12% it usually earns on similar contracts. If the customer terminates for reasons other than Ténarès's failure to perform, the contract entitles it, at all times, to the costs incurred plus 12%. The software has no alternative use to Ténarès (case data). Is there an enforceable right to payment for performance completed to date?
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