2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 2A4 - Performance of Lease Contract: Repudiated, Substituted and Excused
Section 2A402 - Anticipatory repudiation

     § 2A402.  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 2A401 (relating to
        insecurity: adequate assurance of performance) 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 division, 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 division on the lessor's
     right to identify goods to the lease contract notwithstanding
     default or to salvage unfinished goods (section 2A524).

        Cross References.  Section 2A402 is referred to in sections
     2A508, 2A529 of this title.