Sec. 610. 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:

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

Terms Used In Indiana Code 26-1-2-610

  • Contract: A legal written agreement that becomes binding when signed.
(b) resort to any remedy for breach (IC 26-1-2-703 or IC 26-1-2-711), even though he has notified the repudiating party that he would await the latter’s performance and has urged retraction; and

(c) in either case suspend his own performance or proceed in accordance with the provisions of IC 26-1-2-704 on the seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

Formerly: Acts 1963, c.317, s.2-610. As amended by P.L.152-1986, SEC.157.