on the part of the defendant be- fore it can be released from its obligations. 964 F.2d at 574 (adopting the standard set forth in United Slates v. Castelbuono, 643 F.Supp. 965, 971 (E.D.N.Y.1986)). FN30. Hernandez v. Gulf Group Lloyds, 875 S.W.2d 691, 693 (Tex.1994). [7] Courts within this Circuit have