§2-1402. Anticipatory repudiation






If either party repudiates a lease contract with respect to a performance not yet
due under the lease contract, the loss of which performance will substantially impair
the value of the lease contract to the other, the aggrieved party may: [1991, c. 805, §4 (NEW).]








(1). 
 
For a commercially reasonable time, await retraction of repudiation and performance
by the repudiating party;


[
1991, c. 805, §4 (NEW)
.]








(2). 
 
Make demand pursuant to section 2-1401 and await assurance of future performance adequate
under the circumstances of the particular case; or


[
1991, c. 805, §4 (NEW)
.]








(3). 
 
Resort to any right or remedy upon default under the lease contract or this Article,
even though the aggrieved party has notified the repudiating party that the aggrieved
party would await the repudiating party's performance and assurance and has urged
retraction. In addition, whether or not the aggrieved party is pursuing one of the
foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved
party is the lessor, proceed in accordance with the provisions of this Article on
the lessor's right to identify goods to the lease contract notwithstanding default
or to salvage unfinished goods under section 2-1524.


[
1991, c. 805, §4 (NEW)
.]





SECTION HISTORY

1991, c. 805, §4 (NEW).