70A-2-610. Anticipatory repudiation.
When either party repudiates the contract with respect to a performance not yet due the
loss of which will substantially impair the value of the contract to the other, the aggrieved party
may
(a) for a commercially reasonable time await performance by the repudiating party; or
(b) resort to any remedy for breach (Section 70A-2-703 or Section 70A-2-711), even
though he has notified the repudiating party that he would await the latter's performance and has
urged retraction; and
(c) in either case suspend his own performance or proceed in accordance with the
provisions of this chapter on the seller's right to identify goods to the contract notwithstanding
breach or to salvage unfinished goods (Section 70A-2-704).
Enacted by Chapter 154, 1965 General Session
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Last revised: Thursday, May 28, 2009