Impact of Article 2B

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This is an unofficial draft of Article 2B from March 1998. For the current official version, see the University of Pennsylvania Law School (Official NCCUSL) site at http://www.law.upenn.edu/library/ulc/ulc.htm

SECTION 2B-6210. ANTICIPATORY REPUDIATION.

(a) When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may:

(1) for a commercially reasonable time await performance by the repudiating party; or

(2) resort to any remedy for breach, even though if it has notified the repudiating party that it would await the latter's performance and has urged retraction; and

(32) in either case, suspend or cease its own performance or proceed in accordance with the provisions of Sections 2B-712 or 2B-713 as applicable.

this Article on the licensor's right to identify information to the contract notwithstanding breach or to cease work or to otherwise proceed under Section 2B-712.

(b) Repudiation includes but is not limited to language of a that one party indicating that it will not or cannot render make a performance still due under the contract or voluntary affirmative conduct of a party that reasonably appears to the other party to make a future performance impossible.

Committee Action: Considered without substantial substantive comment.

Uniform Law Source: 2-6109. /P

Reporter's Note: Corresponds to Article 2; deletes language in (b) which is not in current Article 2.