go forward, and gov- ernment did not deny that it knew of oft- repeated privilege reservations. Restate- ment (Second) of Contracts § 69(1)(a). *19 William F. Lee with whom Robert D. Keefe, Stephen A. Jonas, Mark D. Selwyn, Hale and Don LLP, Richard G. Taranto, and Farr & Taranto were on brief, for ap- pella