§ 62A.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 RCW 62A.2A-401 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 (RCW 62A.2A-524).
[1993 c 230 § 2A-402.]
Notes:
Effective date -- 1993 c 230: See RCW 62A.11-110.
Sections: Previous 62A.2A-306 62A.2A-307 62A.2A-308 62A.2A-309 62A.2A-310 62A.2A-311 62A.2A-401 62A.2A-402 62A.2A-403 62A.2A-404 62A.2A-405 62A.2A-406 62A.2A-407 62A.2A-501 62A.2A-502 Next
Last modified: April 7, 2009