Official Code of Georgia Annotated
Title 11. COMMERCIAL CODE · Chapter 2A. · Article 2A. LEASES · Part 4. PERFORMANCE OF LEASE CONTRACT: REPUDIATED, SUBSTITUTED AND EXCUSED
11-2A-402. Anticipatory repudiation.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
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:
- (a)
For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;#
- (b)
Make demand pursuant to Code Section 11-2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or#
- (c)
Resort to any right or remedy upon default under the lease contract or this article, 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 article on the lessor’s right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (Code Section 11-2A-524).#
History
Code 1981, § 11-2A-402, enacted by Ga. L. 1993, p. 633, § 1.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, pages 302 to 303; merge action: carried; file SHA-256 ad397fccbf21.