Section 2-A-401. Insecurity: Adequate Assurance of Performance  


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  • (1)  A  lease  contract  imposes  an obligation on each party that the
      other's expectation of receiving due performance will not be impaired.
        (2) If reasonable grounds for insecurity arise  with  respect  to  the
      performance  of  either  party, the insecure party may demand in writing
      adequate assurance of due performance. Until the insecure party receives
      that assurance,  if  commercially  reasonable  the  insecure  party  may
      suspend any performance for which he or she has not already received the
      agreed return.
        (3)  A  repudiation  of  the lease contract occurs if assurance of due
      performance adequate under the circumstances of the particular  case  is
      not  provided  to  the  insecure  party within a reasonable time, not to
      exceed thirty days after receipt of a demand by the other party.
        (4) Between merchants, the reasonableness of  grounds  for  insecurity
      and  the  adequacy of any assurance offered must be determined according
      to commercial standards.
        (5) Acceptance of any  nonconforming  delivery  or  payment  does  not
      prejudice  the  aggrieved  party's right to demand adequate assurance of
      future performance.