- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 609. Right to Adequate Assurance of Performance.
previous: Section 608
. Revocation of Acceptance in Whole or in Part.
next: Section 610
. Anticipatory Repudiation.
AS 45.02.609. Right to Adequate Assurance of Performance.
- (a) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will
not be impaired. If reasonable grounds for insecurity arise with respect to the performance of either party, the other
may in writing demand adequate assurance of due performance and, until the party receives this assurance, may, if
commercially reasonable, suspend any performance for which the party has not already received the agreed return.
- (b) Between merchants the reasonableness of grounds for insecurity and the adequacy of an assurance offered shall be
determined according to commercial standards.
- (c) Acceptance of an improper delivery or payment does not prejudice the aggrieved party's right to demand adequate
assurance of future performance.
- (d) After receipt of a justified demand, failure to provide, within a reasonable time not exceeding 30 days, such
assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the
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