§490:2-616  Procedure on notice claiming
excuse.  (1)  Where the buyer receives notification of a material or
indefinite delay or an allocation justified under the preceding section 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 article relating to breach of installment
contracts (section 490:2-612), then also as to the whole,



(a) Terminate and thereby discharge any unexecuted
portion of the contract; or



(b) Modify the contract by agreeing to take his
available quota in substitution.



(2)  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.



(3)  The provisions of this section may not be
negated by agreement except insofar as the seller has assumed a greater
obligation under the preceding section. [L 1965, c 208, §2-616; HRS §490:2-616]