Title 11, Chapter 2, Section 609
( 11-2-609)
Right to adequate assurance of performance. (1) A contract for sale imposes an obligation on each party that the
other's expectation of receiving due performance will not be
impaired. When reasonable grounds for insecurity arise with respect
to the performance of either party the other may in writing demand
adequate assurance of due performance and until he receives such
assurance may if commercially reasonable suspend any performance for
which he has not already received the agreed return. (2) Between merchants the reasonableness of grounds for insecurity
and the adequacy of any assurance offered shall be determined
according to commercial standards. (3) Acceptance of any improper delivery or payment does not
prejudice the aggrieved party's right to demand adequate assurance
of future performance. (4) After receipt of a justified demand failure to provide within a
reasonable time not exceeding 30 days such assurance of due
performance as is adequate under the circumstances of the particular
case is a repudiation of the contract. |