Sec. 42a-2A-602. Anticipatory repudiation. - Connecticut Statutes

      Sec. 42a-2A-602. Anticipatory repudiation. (a) If either party to a lease contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the lease contract to the other, the aggrieved party may:

      (1) Await performance by the repudiating party for a commercially reasonable time, or resort to any remedy for default, even if the aggrieved party has urged the repudiating party to retract the repudiation or has notified the repudiating party that the aggrieved party would await the agreed performance; and

      (2) In either case, suspend the aggrieved party's own performance or, if a lessor, proceed in accordance with section 42a-2A-718.

      (b) Repudiation includes language that one party will not or cannot make a performance still due under the contract or voluntary, affirmative conduct that reasonably appears to the other party to make a future performance impossible.

      (P.A. 02-131, S. 48.)