North Dakota Code § 41-02-72

(2-609) Right to adequate assurance of performance
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1. A contract for sale imposes an obligation on each party that the other's expectation of 
receiving due performance will not be impaired. When reasonable grounds for 
insecurity arise with respect to the performance of either party, the other party may in 
writing demand adequate assurance of due performance and until the demanding 
party receives such assurance may if commercially reasonable suspend any 
performance for which the demanding party has not already received the agreed 
return.
2. Between merchants the reasonableness of grounds for insecurity and the adequacy of 
any assurance offered shall be determined according to commercial standards.
3. Acceptance of any improper delivery or payment does not prejudice the aggrieved 
party's right to demand adequate assurance of future performance.
4. After receipt of a justified demand, failure to provide within a reasonable time not 
exceeding thirty days such assurance of due performance as is adequate under the 
circumstances of the particular case is a repudiation of the contract.

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