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:
(1) For a commercially reasonable time await performance by the repudiating party; or
(2) Resort to any remedy for breach as provided in ORS 72.7030 and 72.7110, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the latter’s performance and has urged retraction; and
(3) In either case suspend the performance of the aggrieved party or proceed in accordance with the provisions of ORS 72.7040 on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods. [1961 c.726 §72.6100]
Section: Previous 72.6030 72.6040 72.6050 72.6060 72.6070 72.6080 72.6090 72.6100 72.6110 72.6120 72.6130 72.6140 72.6150 72.6160 72.7010 NextLast modified: August 7, 2008