47-2616

47-2616. Procedure on notice claiming
excuse

A. Where the buyer receives notification of a material or indefinite delay or an
allocation justified under section 47-2615 he may by written notification to the seller
as to any delivery concerned, and where the prospective deficiency substantially impairs
the value of the whole contract under the provisions of this chapter relating to breach
of installment contracts (section 47-2612), then also as to the whole:

1. Terminate and thereby discharge any unexecuted portion of the contract; or

2. Modify the contract by agreeing to take his available quota in substitution.

B. If after receipt of such notification from the seller the buyer fails so to
modify the contract within a reasonable time not exceeding thirty days the contract
lapses with respect to any deliveries affected.

C. The provisions of this section may not be negated by agreement except in so far
as the seller has assumed a greater obligation under section 47-2615.