When delay in performance is capable of exact and entire compensation and time has not been declared expressly to be of the essence of the obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due but without prejudice to any rights acquired by the creditor or by any other person in the meantime.

Terms Used In North Dakota Code 9-12-23

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49