If a contract does not require that performance be rendered directly to a third party,the third party is an incidental beneficiary.

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An incidental beneficiary is a third party who receives a benefit from a contract but is not meant to receive the performance directly. If a contract does not explicitly require performance to be rendered to a third party, then that third party is considered an incidental beneficiary rather than an intended beneficiary.

If a Contract Does Not Require That Performance Be Rendered