North Dakota Code 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:
Terms Used In North Dakota Code 41-02-79
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
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.