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State Statutes - Idaho - Title 28 - Chapter 12 - 28-12-402
Idaho Statutes
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28-12-402 - ANTICIPATORY REPUDIATION
If either party repudiates a lease
contract with respect to a performance not yet due under the lease contract,
the loss of which performance will substantially impair the value of the lease
contract to the other, the aggrieved party may:
(1) For a commercially reasonable time, await retraction of repudiation
and performance by the repudiating party;
(2) Make demand pursuant to section 28-12-401 and await assurance of
future performance adequate under the circumstances of the particular case; or
(3) Resort to any right or remedy upon default under the lease contract
or this chapter, even though the aggrieved party has notified the repudiating
party that the aggrieved party would await the repudiating party's performance
and assurance and has urged retraction. In addition, whether or not the
aggrieved party is pursuing one of the foregoing remedies, the aggrieved party
may suspend performance or, if the aggrieved party is the lessor, proceed in
accordance with the provisions of this chapter on the lessor's right to
identify goods to the lease contract notwithstanding default or to salvage
unfinished goods (section 28-12-524).
 
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