Title 11, Chapter 2A, Section 401
( 11-2A-401)
Insecurity: Adequate assurance of performance. (1) A lease contract imposes an obligation on each party that the
other's expectation of receiving due performance will not be
impaired. (2) If reasonable grounds for insecurity arise with respect to the
performance of either party, the insecure party may demand in
writing adequate assurance of due performance. Until the insecure
party receives that assurance, if commercially reasonable the
insecure party may suspend any performance for which he has not
already received the agreed return. (3) A repudiation of the lease contract occurs if assurance of due
performance adequate under the circumstances of the particular case
is not provided to the insecure party within a reasonable time, not
to exceed 30 days after receipt of a demand by the other party. (4) Between merchants, the reasonableness of grounds for insecurity
and the adequacy of any assurance offered must be determined
according to commercial standards. (5) Acceptance of any nonconforming delivery or payment does not
prejudice the aggrieved party's right to demand adequate assurance
of future performance. |