West Virginia Code § 46-2-609

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 may in writing demand
adequate assurance of due performance and until he receives such assurance may if
commercially reasonable suspend any performance for which he has not alreeady 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 commerucial 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 perforlmance as is adequate under the
circumstances of the particular case is a repusdiation of the contract.

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