47-3504. Excused presentment and notice of
dishonor


A. Presentment for payment or acceptance of an instrument is excused if:


1. The person entitled to present the instrument cannot with reasonable diligence
make presentment;


2. The maker or acceptor has repudiated an obligation to pay the instrument or is
dead or in insolvency proceedings;


3. By the terms of the instrument presentment is not necessary to enforce the
obligation of indorsers or the drawer;


4. The drawer or indorser whose obligation is being enforced has waived presentment
or otherwise has no reason to expect or right to require that the instrument be paid or
accepted; or


5. The drawer instructed the drawee not to pay or accept the draft or the drawee
was not obligated to the drawer to pay the draft.


B. Notice of dishonor is excused if by the terms of the instrument notice of
dishonor is not necessary to enforce the obligation of a party to pay the instrument or
the party whose obligation is being enforced waived notice of dishonor. A waiver of
presentment is also a waiver of notice of dishonor.


C. Delay in giving notice of dishonor is excused if the delay was caused by
circumstances beyond the control of the person giving the notice and the person giving
the notice exercised reasonable diligence after the cause of the delay ceased to operate.