47-2A402. 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:
1. For a commercially reasonable time, await retraction of repudiation and
performance by the repudiating party;
2. Make demand pursuant to section 47-2A401 and await assurance of future
performance adequate under the circumstances of the particular case; or
3. 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 (section 47-2A524).
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