§ 26-1-2-610 — Anticipatory repudiation

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
(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.