West Virginia Code § 46-2-610

Anticipatory repudiation
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When either party repudiates the contract with respect to a performance not yet due the loss
of which will substantially impair the value of the contract to the other, the aggrieved party
may
(a) for a commercially reasonable time await performance by the repudiating party; or
(b) resort to any remedy for breach (section 2-703 or section 2-711), even though he has
notified the repudiating party that he would await the latter's performance and has urged
retraction; and u
(c) in either case suspend his own performance or proceed in accordance with the provisions
of this article on the seller's right to identify goods to the contract notwithstanding breach or
to salvage unfinished goods (section 2-704). a

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