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§ 25-2-610. Anticipatory repudiation.

§25‑2‑610.  Anticipatory repudiation.

When either party repudiatesthe contract with respect to a performance not yet due the loss of which willsubstantially impair the value of the contract to the other, the aggrievedparty may

(a)        for a commerciallyreasonable time await performance by the repudiating party; or

(b)        resort to any remedyfor breach (G.S. 25‑2‑703 or G.S. 25‑2‑711), eventhough he has notified the repudiating party that he would await the latter'sperformance and has urged retraction; and

(c)        in either casesuspend his own performance or proceed in accordance with the provisions ofthis article on the seller's right to identify goods to the contractnotwithstanding breach or to salvage unfinished goods (G.S. 25‑2‑704).(1965, c. 700, s. 1.)

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