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The Vermont Statutes Online
Title
09A
:
Uniform Commercial Code
Chapter
002A
:
Leases
§
2A-402. 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:
(a) for a
commercially reasonable time, await retraction of repudiation and performance
by the repudiating party;
(b) make demand
pursuant to section 2A-401 of this title and await assurance of future
performance adequate under the circumstances of the particular case; or
(c) 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 (§
2A-524). (Added 1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)