355.2 -616 Procedure on notice claiming excuse. (1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially imp airs the value of the whole contract under the provisions of this article relating to breach of installment contracts (KRS 355.2 -612), then also as to the whole, (a) terminate and thereby discharge any unexecuted portion of the contract; or (b) modify th e contract by agreeing to take his 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 (30) days the contract lapses with respec t to any deliveries affected. (3) The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under KRS 355.2 -615. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2 -616, effective July 1, 1960.
Kentucky Legal Code