§ 41-02-79 — (2-616) Procedure on notice claiming excuse

1. If the buyer receives notification of a material or indefinite delay or an allocation
justified under section 41-02-78 the buyer may by written notification to the seller as to
any delivery concerned, and if the prospective deficiency substantially impairs the
value of the whole contract under the provisions of this chapter relating to breach of
installment contracts (section 41-02-75), then also as to the whole:
a. Terminate and thereby discharge any unexecuted portion of the contract; or
b. Modify the contract by agreeing to take the buyer's available quota in substitution.
2. If after receipt of such notification from the seller the buyer fails so to modify the
contract within a reasonable time not exceeding thirty days, the contract lapses with
respect to any deliveries affected.
3. The provisions of this section may not be negated by agreement except insofar as the
seller has assumed a greater obligation under section 41-02-78.